TEJINDER SINGH Vs. SURJIT RAI AND ANOTHER

JUDGEMENT

(1.) This petition assails the order dated 10.11.2009 (Annexure P/9) passed by the Civil Judge (Sr. Division), Jalandhar accepting the application for amendment of the plaint.

(2.) The petitioner- defendant No. 2 and defendant No.1 (respondent No. 2 in this petition) are brothers. Surjit Rai plaintiff- respondent No.1 is the attorney of the defendant No.1 (respondent No. 2 in this petition), vide registered power of attorney dated 25.4.2003. On 3.4.2004, the plaintiff had filed a suit for possession by way of specific performance of the agreement to sell dated 28.4.2003. According to him, the defendants had agreed to sell the land measuring SO marlas in village Sansarpur, Tehsil and District Jalandhar as also SCF No. 56, Phase 3B-II, SAS Nagar Mohali for a total sale consideration of Rs. 35 lakhs, out of which Rs. 10 lakhs had been paid as an earnest money. There was some dispute between the defendants No.1 and 2 with regard to the property bearing No. SCF No. 56, Phase 3B-II, SAS Nagar Mohali and that the same had been resolved vide an agreement dated 27.4.2003. As such, the agreement dated 27.4.2003 was also annexed with the agreement to sell dated 28.4.2003 between the plaintiff and the defendants No.1 and 2. Earlier, the plaintiff had pleaded in the suit that both the agreements were executed at Jalandhar and were signed by the plaintiff and the defendant No. 2 and the witnesses were taken by the defendant No. 2 for getting them signed by defendant No.1 who lives in Germany by sending them to Germany. The defendant No.1 filed written statement admitting the claim of the plaintiff. However, the defendant No. 2 contested the suit, denied the execution of the agreements and took the precise stand in the written statement that the agreement dated 27.4.2003 and 28.4.2003 were fabricated and forged documents. The trial court had framed the issues and adjourned the case for evidence. In support of his pleas, the plaintiff filed affidavits of six witnesses. However, on 15.6.2009, the plaintiff filed an application for amendment of the plaint with request to delete the previous Para No. 4 of the plaint and introduce a new Para No. 4 in its place. I need to reproduce both the paras.

(3.) Para No. 4 of the original suit reads as under: