CHUHAR SINGH Vs. JAGDEEP SINGH

JUDGEMENT

(1.) The petitioner filed the present suit for specific performance of contract of sale dated 15.5.1978 in respect of certain agricultural land for a total consideration of Rs. 6500/-. His case was that the defendant agreed to sell land measuring 9 Bighas 15 Biswas for Rs. 6500/- to Uttam Singh father of the petitioner/plaintiff vide agreement of sale dated 15.5.1978. The defendant received Rs. 2000/- as advance but thereafter did not execute the sale deed.

(2.) The trial Court dismissed the suit of the plaintiff on the ground that he has not been able to prove that he was always ready and willing to perform his part of the contract. Aggrieved against the order of the trial Court dated 8.2.1995 the petitioner/plaintiff filed an appeal against the decree of the trial Court before the Additional District Judge, Patiala and during the pendency of the appeal filed an application for amendment of the replication. The petitioner wanted to incorporate the following words in his replication :

(3.) Mr. Arun Palli, counsel for the petitioner states that he will not lead any evidence to substantiate his additional pleadings nor he claims any additional issue on the same. In fact, according to the counsel in the application for amendment of replication itself, it has been averred in paragraph 6 that the proposed amendment is only a legal plea and no evidence is to be led on this plea.