ZINNAT REHANA Vs. SAFUR ALI

JUDGEMENT

(1.) Heard Mr. A.C. Sarma, learned counsel appearing for the petitioner. Also heard Mr. H.K. Sarma, learned counsel appearing for the respondent.

(2.) In this revision application the order dated 7.4.2017 passed by the learned Civil Judge No. 2, Kamrup (Metro) in Misc.(J) Case No.569/2016 arising out of Title Suit No. 300/2015 is put under challenge. The present petitioner as the plaintiff filed the suit for specific performance of contract pleading that after execution of the agreement for sale he was delivers possession of the suit land which he accepted. The defendant-respondent contested the claim of the plaintiff-petitioner thereby denying the par performance on the part of the defendant-respondent of delivery o possession of suit land as per the contract. The suit proceeded after framing of the issues and while the suit was fixed for crossexamination of plaintiff side and cross-examination of petitioner was going on, at that stage the petitioner preferred an application under order VI, rule 7 of the Code of Civil Procedure, 1908 ('CPC') to introduce the following, which is reproduced herein below :

(3.) The defendant-respondent raised his objection against the said application for amendment by filing written objection and the said amendment application was registered as Misc (J) Case No.569/2016. After hearing the parties to the suit, the learned trial court rejected the amendment application of the plaintiff-petitioner and while doing so the learned court held as follows :