In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 1332 of 2010 (O&M) Balwan Singh ..... Petitioner vs Sandeep Bindra and another ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sudhir Aggarwal, Advocate, for the petitioner. Rajesh Bindal J. This revision petition is directed against the order dated 27.1.2010 passed by the learned Civil Judge (Senior Division), Gurgaon, whereby the petitioner-plaintiff has been directed to deposit the balance sale consideration in the shape of FDR in a suit for specific performance based upon the agreement to sell. The learned court below has observed that since the petitioner/plaintiff is ready and showing willing to perform his part of the contract, he must deposit the balance sale consideration in the shape of FDR in the name of the court. Having heard learned counsel for the petitioner and perusing the paper-book, I am of the considered opinion that no such direction can be passed by the court below at this stage. Suffice it to observe that in case the suit is decreed, the court shall be well within its right to direct the plaintiff to deposit the balance sale consideration within some stipulated period. Similarly, the 'readiness' of a plaintiff to perform his/her part of contract, is a question of fact to be proved by leading the required evidence. Accordingly, the present revision petition is allowed and the impugned order dated 27.1.2010 to the extent directing the petitioner/plaintiff to deposit the balance sale consideration in the shape of the FDR in the name of the court, is hereby set aside. 5.5.2010 ( Rajesh Bindal) vs. Judge