Specific performance of agreement!

Suresh Babu Rai (Querist) 15 August 2015 This query is : Resolved
Respected Members! A very happy independence day!!
I have filed a suit for specific performance of agreement (Ex.A1). I have also sought a relief to cancel the Ex.A2, a registered sale deed alleged to have been executed by the D1 in favour of D2. D1 much earlier to the Ex.A2 has executed the Ex.A1 in favor of the P.
I have examined three of the witnesses but could not examine the scribe r of the Ex.A1, as he is living in gulf. The suit is become listed matter now and I have also advanced my arguments. The stage of the suit is for defendants arguments. Almost the suit is in my favor as the D2 during the course of his cross examination deposed the” It might be true that the D1 has executed the Ex.A1 in favor of the P earlier to the Ex.A2”. Thus, I have suggested him the he had notice of existence of Ex.A1 much earlier than Ex.A2.
The suit is filed in the year 2007, now the scribe r of the Ex.A1 returned from gulf to my place and he is very much aware of all the facts and execution of Ex.A1.
Whether court will allow me to examine the scribe r as PW-4 who is crucial witness on behalf of the P, if so, what next?
Thank you,

Follow Query

Report Abuse

R.K Nanda (Expert) 15 August 2015
file application in court to examine PW-4 though chances are remote that court will allow this application as case is already fixed for def. argu. but u can try.

Rajendra K Goyal (Expert) 16 August 2015
Prey the court for the same.

Guest (Expert) 16 August 2015
"PREY" Is an Animal Hunted and Killed for Food by Other Animal.And I Do Not Think "Prey" has got any thing to do with the Court.