MOHINDER SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) In a suit for specific performance titled "Surinder Singh Versus Mohan Singh and others" pending in the Court of Civil Judge (Jr.Divn.), Hoshiarpur, when the case was at the stage of evidence, defendant - Mohinder Singh submitted his affidavit Ex. DW1/A. Subsequently, he moved an application for correction in the affidavit contending that inadvertently due to typographical mistake defendant has wrongly mentioned in his affidavit that Mohan Singh - defendant No.6 had executed an agreement to sell dtd. 24/8/2006 with respect to 18 acre 5 kanals of land situated at village Phalahi, District Hoshiarpur for consideration of Rs.6,25,000.00 per acre in favour of Mohinder Singh receiving Rs.20.00 lakhs as earnest money and thereafter he had executed power of attorney dtd. 8/6/2007 in favour of Mohinder Singh instead of mentioning that Mohan Singh had executed an agreement to sell dtd. 24/8/2006 with respect to 18 acres and 5 kanals land and after receiving total sale consideration Mohinder Singh and Avtar Singh, Mohan Singh had executed a power of attorney in favour of Mohinder Singh.

(3.) That application for correction in the affidavit was contested by the plaintiff contending that applicant had made totally false story and he cannot be allowed to change his affidavit since there is no provision in law for doing so.