AMRIK SINGH Vs. AMITABH SINGH

JUDGEMENT

(1.) DEFENDANTS have filed the instant revision petition under Article 227 of the Constitution of India challenging order dated 19.8.2010, Annexure P/1, passed by learned Additional Civil Judge (Senior Division), Amritsar thereby allowing application Annexure P/3 moved by the plaintiffs/respondents for amendment of plaint.

(2.) RESPONDENTS filed suit against petitioners for permanent injunction restraining petitioners from alienating suit land in view of agreement to sell dated 9.3.2006 allegedly entered into by the defendants with the plaintiffs for sale of the suit land for Rs. 25,60,000/- out of which plaintiffs paid Rs. 13 lacs as earnest money to the defendants. By way of amendment, the plaintiffs sought to seek the relief of possession of the suit land by specific performance of the aforesaid agreement by making necessary consequential averments. The said application has been allowed by the learned trial court vide impugned order Annexure P/1.

(3.) AMENDMENT application was moved by the plaintiffs when the suit was at initial stage. Learned counsel for the petitioners states that even written statement had not been filed by the defendants/petitioners when amendment application was moved by the petitioners. Consequently, the amendment application has been rightly allowed by the trial court. Law of amendment of pleadings is very liberal. However, now embargo has been placed on the power of court to allow amendment of pleadings after commencement of the trial unless the party seeking amendment could not raise the plea earlier inspite of due diligence. In the instant case, however, amendment application was moved by the respondents before the commencement of trial and even before filing of written statement by defendants. Suit for specific performance of the agreement had not become barred by limitation when the amendment application was moved. There was, therefore, no reason for not allowing the proposed amendment of plaint which has been rightly allowed by the trial court subject to payment of Rs. 1000/- as costs so as to compensate the petitioners.