OM PARKASH Vs. HUKAM SINGH

JUDGEMENT

(1.) The civil revision is preferred by the plaintiff aggrieved by the dismissal of the application filed by him for amendment of the plaint invoking the provision under Order 6 Rule 17 read with Section 151 CPC.

(2.) The plaintiff contended that the defendant entered into an agreement with him to sell the subject property @ Rs. 6 lacs per acre. The plaintiff paid an earnest money of Rs. 8,50,000/- to the defendant out of the total consideration of Rs.15 lacs. The balance consideration was to be paid at the time of registration of sale deed on 30.5.2009. Alleging that the defendant threatened the plaintiff with alienation of the suit property to the third party, he filed the suit seeking bare injunction. The present application was filed under Order 6 Rule 17 of the CPC seeking to amend the plaint with the prayer for specific performance of the agreement for sale dated 7.4.2008.

(3.) The defendant resisted the above application on the ground that it was not maintainable.