ASHOK DIWAN Vs. SHANTIBAI

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed by the plaintiff against the order dated 9-11-2009 passed by learned First Additional District Judge, Khurai in Civil Suit No. 38-A/07 by which his application under Order VI, Rule 17 of Civil Procedure Code for amendment in the plaint has been dismissed. The facts necessary for disposal of this petition lie in a narrow compass. Suffice it to say that a suit for specific performance of contract has been filed by the plaintiff/petitioner on the basis of a document of agreement of sale dated 6-12-2005. According to the plaintiff, first defendant/respondent No. 1, Smt. Shanti Bai entered into an agreement of sale with plaintiff to sell the property in question for a consideration of Rs. 2,00,000/-. The plaintiff paid advance payment of Rs. 50,000/- on 6-12-2005, the date on which document of agreement of sale was written. Since the first defendant did not sale the property in question and has sold it to defendant Nos. 2 and 3 on 23-3-2006 therefore, present suit has been filed for specific performance of the contract.

(2.) Joint written statement has been filed by all defendants denying the plaintiffs averments. In para (2) there is specific denial that no document in writing of agreement of sale was executed and the same is a fictitious document. The other averments in the plaint have also been denied. In the additional pleadings it has been specifically pleaded by the defendants that alleged agreement of sale said to have been executed on 6-2-2012 is forged document and has been manufactured in order to grab the property of respondent No. 1 who is an old lady of 70 years.

(3.) Issues have been framed but the evidence is yet to begun. The application under Order VI, Rule 17, Civil Procedure Code is filed by plaintiff/petitioner praying to amend the paras 2, 8 and 10 of the plaint. This application has been rejected by the trial Court by the impugned order. In this manner this petition under Article 227 of the Constitution of India has been filed by the plaintiff.