SURINDER KUMAR Vs. SWARN SINGH

JUDGEMENT

(1.) THIS appeal is directed against an order dated 24th January, 2008 passed by the learned Single Judge allowing the plaintiff's IA No. 3002/2000 under order 6 Rule 17 of the Code of Civil Procedure ("cpc") seeking to amend the plaint in CS (OS) No. 166/1997.

(2.) THE aforementioned suit was filed by the respondent plaintiff on 25th january 1997 against the appellants defendants for specific performance in relation to an agricultural land in Village Malikpur Kohi alias Rangpuri, Tehsil mehrauli, New Delhi (hereafter the property ). The case set up by the plaintiff was that the total sale consideration had been agreed at Rs. 29,25,000/ -. According to the plaintiff, he had paid Rs. 6,00,000/- on 16th June, 1993, Rs. 5,00,000/- on 11th December, 1993 and Rs. 17 lakhs on 11th January, 1995. He claimed that on each of these occasions receipts-cum-agreements had been executed. Although Rs. 28 lakhs had been paid to the defendants, no regular receipts were issued but a formal receipt for Rs. 1,25,000/- was executed on 23rd may, 1993 by defendant No. 3 (appellant No. 3 herein) on behalf of all the defendants. According to the plaintiff, despite the statutory permission being granted for the sale of the property, the defendants did not come forward to execute the sale deed.

(3.) IN para 20 of the plaint, which is relevant for the present purpose, the plaintiff described the different dates on which the causes of action arose. The said paragraph reads as under:-