C.R. No. 6906 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No. 6906 of 2011 (O&M) Date of decision: 11.11.2011 Randhir Singh ...Petitioner versus Assotech Reality Private Limited and another ....Respondent Present:- Mr. N.D. Achint, Advocate for the petitioner. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? RITU BAHRI J. Challenge is to the order dated 16.07.2011 (Annexure P-5) whereby the application filed under order 6 rule 17 by defendant No. 1 for amendment of written statement was declined by the learned Civil Judge (Jr. Divn.), Gurgaon. Plaintiff-respondent No. 1 filed suit for specific performance of the sale agreement dated 02.02.2005 between plaintiff and respondent. Clause 3 of the agreement dated 02.02.2005 reads as under:- “That in case this agreement was acted upon the “Vendee” undertakes to pay the “Vender” 100% of the capital gains tax arising of this transaction.” In view of the above said clause, defendant seeks to amend the written statement. It is pleaded that he has received the notice from C.R. No. 6906 of 2011 (O&M) -2- Additional Commissioner, Income Tax, New Delhi intimating liability of capital gains tax on the sale of land in question. The matter is still pending before the Commissioner, Income Tax, New Delhi. This amendment was opposed by the plaintiff and had alleged the collusion between defendant Nos. 1 and 2. Defendant No.1-petitioner had also denied that plaintiff had always been ready and willing and to perform his part of contract. He has submitted that the suit property was legaly and validly sold by defendant NO. 1 in favour of defendant NO. 2-M/s Active Promoters vide registered sale deed dated 09.09.2005. On the other hand, defendant No.1. The controversy involves around the point that the plaintiff is asserting that despite the sale agreements dated 02.02.2005, the defendant NO. 1 did not abide by the said agreements and did not execute the sale deeds. No merits. Dismissed. November 11, 2011 ( RITU BAHRI ) G.Arora JUDGE