MADAN LAL Vs. S.L. MALOO AND OTHERS

JUDGEMENT

(1.) This order will dispose of three petitions bearing Civil Revision Nos. 6112, 6113 and 6114 of 2007, as common questions of law and facts are involved. The facts have been extracted from Civil Revision No. 6112 of 2007.

(2.) Challenge in the present petition is to the order dated 17.11.2007, passed by Civil Judge (Junior Division), Gurgaon, whereby the application for amendment of the written statement has been allowed, inter-alia, while permitting the defendants-respondents No. 1 and 2 to add counter-claim in the written statement already filed.

(3.) The proceedings arise out of a suit filed by the predecessor-in-interest of the petitioner and respondents No. 3 to 10 for cancellation of sale deed dated 4.4.2000 got registered by respondent No. 1, as alleged attorney of deceased-Badle, in favour of respondent No. 2. The suit was filed on 29.3.2003 in which written statement was filed by respondents No. 1 and 2 on 16.9.2004. After the plaintiffs closed their evidence on 30.10.2007, application for amendment of the written statement to add counter-claim was filed on 3.10.2007 seeking to add the relief of specific performance of agreement to sell dated 5.5.1999. After the plaintiffs filed reply to the application, another application was filed on 7.11.2007 for amendment of the application for amendment of the written statement seeking to add relief of permanent injunction as well for protecting possession of the property. Both the applications having been allowed by the learned court below vide impugned order, the petitioner is before this court.