VIRENDRA SAHLOT Vs. GURVIR INDER SINGH

JUDGEMENT

(1.) By this order, I shall dispose of the present application filed by the plaintiff under Order VI, Rule 16 read with Section 151 CPC praying that the written statement to the amended plaint, filed by defendant No.2 be struck off from the record.

(2.) The present suit is for specific performance of the Memorandum of Understanding/Agreement to Sell dated 13.09.2005 for sale of immoveable property. After the institution of this suit on 20.10.2005, the parties entered into a compromise. Thereafter, the agreement dated 13.09.2005 was amended and an agreement in continuation of the earlier agreement titled as "Amended Memorandum of Understanding" was executed on 28.03.2006.

(3.) It is stated by the plaintiff that as per the terms of the agreement to sell, the plaintiff had filed an application No.2775 of 2007 under Order VI, Rule 17 CPC seeking amendment of the plaint, to incorporate therein the subsequent agreement wherein the sale consideration was enhanced. The said application of the plaintiff was allowed by this Court vide order dated 21.07.2008.