HARJEET SINGH Vs. RAMBINDER SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff Harjeet Singh has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 13.11.2010, Annexure P/9 passed by learned Additional Civil Judge (Senior Division), Abohar thereby dismissing application Annexure P/6 moved by plaintiff - petitioner for amendment of plaint. I have heard learned counsel for the parties and perused the case file.

(2.) Plaintiff initially filed suit on 21.6.2006 (during summer vacation) for permanent injunction on the basis of agreement to sell. Date stipulated in the agreement for execution of sale deed had already expired before filing of the injunction suit. Plaintiff then moved application Annexure P/4 on 26.6.2006 for permission to withdraw the suit with liberty to file fresh suit. The said application was not disposed of till 11.4.2009 when the said application was withdrawn and application Annexure P/6 for amendment of plaint was moved on the same day seeking relief of specific performance of the agreement to sell also in addition to the relief of permanent injunction.

(3.) Respondents/defendants by filing reply Annexure P/7 controverted the said amendment application.