SWARN SINGH Vs. SURINDER KUMAR & ORS

JUDGEMENT

(1.) Caveat No.137/2018

(2.) The respondents/defendants are contesting the suit, inter alia, on the plea that the agreement which could be enforced was entered upon on 15.03.1993 and followed by another agreement dated 15.04.1993 and that the total consideration settled between the parties for such sale was Rs.1,89,94,791/-, the defendants having acknowledged the receipt from the plaintiff a total amount of Rs.48.25 lakhs.

(3.) The plaintiff, thereafter, moved an application for amendment of the plaint so as to plead that sale consideration settled was Rs.1,89,94,791/-, as pleaded by the defendants, and that he had already paid the entire sale consideration and thus the payment actually made being inclusive of amount of Rs.48.25 lakhs as acknowledged by the defendants. The application for amendment was allowed by the learned Single Judge of this Court at a stage where the case was pending on the original side of this Court. The said order, upon being challenged [in FAO(OS) No.103/2008] was set aside by judgment dated 21.05.2008 by a division bench of this Court. It is conceded that the plaintiff thereafter had moved SLP before the Supreme Court but without success.