Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 CS DJ 858/23
MOHD KHALIQ Vs. MOHD AFATAB ALAM
18.09.2024
Present: Sh. Ravi Sharma, Ld. Counsel for the plaintiff with plaintiff.
Sh. Amit Dhalla with Sh. Sohan Rawat, Ld. Counsel for the
defendant.
Arguments on the application under Order 39 Rule 1 and 2
CPC heard.
2. It is the case of the plaintiff that an agreement to sell was
executed between the parties on 25.07.2020 whereby the defendant
agreed to sell his shop @ Rs. 10,50,000 out of which Rs. 10 Lakh was
paid to the defendant and remaining amount was agreed to be paid at the
time of registration of documents.
3. Ld. Counsel for the defendant has pointed out that in the said
agreement to sell, it was mentioned that amount was paid in cash whereas
there is no proof of payment of such amount. It is further stated that the
said suit is barred by limitation.
4. The agreement bears signature of the witnesses as well as
parties and therefore, it is an admissible document as on the date subject
to its proving as per law during the course of trial.
5. Moreover, the Ld. Counsel for the plaintiff has pointed out
that the some period was directed to be excluded by the order of Hon’ble
Supreme Court of India in the Suo Moto Writ Petition No. 3 during
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