NIRMALJIT SINGH Vs. DALWINDER SINGH

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure (in short, 'CPC'), defendant-Nirmaljit Singh has assailed order dated 12.06.2009 Annexure P-1 passed by the trial Court thereby dismissing defendant's application Annexure P-3 for amendment of written statement. Respondent-plaintiff has filed suit against defendant-petitioner for specific performance of agreement to sell dated 04.06.2004. The defendant in his written statement Annexure P-2 had alleged the said agreement to be forged and fabricated.

(2.) In the amendment application, it is alleged that the defendant had some dispute of money transaction with Mr. Rajinder Kapila, Advocate who had initiated criminal and civil proceedings against the defendant, but the said matter was compromised in police station on 30.07.2002 and at that time, police officials obtained signatures of defendant on some blank and coloured/stamp papers in connivance with Mr. Kapila on the pretext that the same were to be used for recording of compromise, and the plaintiff might have converted those papers into the impugned agreement to sell in connivance with Mr. Kapila and marginal witnesses. It was pleaded that these facts came to the knowledge of the defendant on 24.03.2009. The aforesaid plea is, therefore, sought to be taken by way of amendment of written statement.

(3.) The plaintiff by filing reply to the amendment application opposed the same and raised various pleas. However, unfortunately, the said reply has not been placed on record of this revision petition.