JAGPAL SINGH ALIAS JASPAL SINGH Vs. SUCHA SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 29.10.2019 passed by Civil Judge (Senior Division), Bathinda, whereby application filed by the respondent under Order 6 Rule 17 of CPC read with Section 151 CPC has been allowed.

(2.) A perusal of the paper book shows that the plaintiff/ respondent had filed a suit for specific performance of an agreement to sell. However, the defendant/ petitioner had taken a plea that he had already cancelled the alleged agreement and a notice to that effect was given. Therefore, by way of application moved under Order 6 Rule 17 CPC, the plaintiff had sought amendment of the plaint; to include the relief of setting aside the alleged notice of cancellation issued by the petitioner/ defendant. The said application has been allowed by the trial Court.

(3.) Learned counsel for the petitioner has submitted that the application for amendment has been moved by the plaintiff at much belated stage. The plaintiff having obtained several opportunities but not concluding his evidence, the defendant had even moved an application for closure of the evidence of the plaintiff. In such a situation and conduct of 1 of 2 the plaintiff, the applications for amendment of the plaint should not have been allowed by the trial Court.