cr no.7089 of 2009.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.7089 of 2009 (O&M) DATE OF DECISION: 22.12.2009 **** Dharam Pal Singh . . . . Petitioner VS. Ajit Singh and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Sachin Mittal, Advocate for the petitioner Mr. R.S. Chauhan, Advocate for respondent No.1 & 2 **** SURYA KANT J.(ORAL) (1). This revision petition is directed against the order dated 11.11.2009 passed by the learned Additional 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’. (2). Learned Civil Court, Gurgaon, has observed that since the petitioner-plaintiff is ready and showing willingness 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. (3). Having heard learned counsel for the parties, I am of the considered opinion that no such direction can be passed cr no.7089 of 2009.doc - 2 - by the Civil Court 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 part of contract, is a question of fact to be proved by leading the required evidence. (4). The revision petition is, accordingly, allowed; the impugned order dated 11.11.2009, 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). Dasti . (SURYA KANT) JUDGE 22.12.2009 vishal shonkar