BHUPINDER SINGH Vs. PAKHAR SINGH

JUDGEMENT

(1.) CM No.22718 & 22719-CII of 2009 Applications are allowed subject to all just exceptions. CM No.22720-CII of 2009 Application is allowed. Documents are taken on record. CR No.5522 of 2009 This is plaintiffs revision petition challenging the impugned order dated 10.8.2009 passed by the Civil Judge (Sr. Division), Nawashahar whereby application under Order 6, Rule 17 Code of Civil Procedure filed by the defendant-respondent was accepted and amendment in the written statement was allowed at the fag end of the case.

(2.) As per averments made in this petition, the petitioner filed a suit on 27.7.2002 for specific performance of the agreement to sell dated 4.5.2001 in his favour by the respondent. In the written statement filed on behalf of the respondent, a categoric plea was taken by him that he was in need of a loan and therefore, an agreement to sell in question was executed as a matter of security to ensure the return the loan amount.

(3.) On the basis of the pleadings of the parties, issues were framed by the trial Court on 4.5.2005, and thereafter, the petitioner led his evidence. Thereafter the defendant-respondent led his evidence and closed the same on 15.4.2008 voluntarily and thereafter, the case was adjourned to 12.5.2008, 31.5.2008, 24.7.2008, 25.7.2008, 20.7.2008, 30.7.2008. 27.8.2009, 29.9.2008, 23.10.2008, 25.11.2008, 9.1.2009 for rebuttal evidence, if any and arguments.