SARWAN SINGH Vs. ROSHAN LAL

JUDGEMENT

(1.) Plaintiff Sarwan Singh has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 16.07.2011 (Annexure P-3) passed by Civil Judge (Junior Division), Kharar, thereby dismissing application (Annexure P-2) moved by plaintiff-petitioner for amendment of plaint Annexure P-1.

(2.) The plaintiff in the original plaint has alleged that he sold the suit land to defendant for Rs.3,50,000/- vide sale deed dated 12.08.2002 and the defendant paid the sale consideration through cheque dated 12.08.2002 which was, however, dishonored on presentation in the Bank. The plaintiff made request to the defendant to pay the sale consideration but the defendant filed to do so. The plaintiff sought permanent injunction restraining defendant from alienating the suit land.

(3.) By way of amendment, the plaintiff wants to seek declaration that sale deed dated 12.08.2002 is illegal and null and void being result of fraud and without consideration with consequential relief of possession and also injunction as sought in the original plaint. The said application has been dismissed by the trial Court vide order Annexure P-3 which is under challenge in this revision petition.