GURCHARAN SINGH Vs. LUDHIANA IMPROVEMENT TRUST, LUDHIANA

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dtd. 7/12/2017 passed by the Civil Judge (Jr. Divn.), Ludhiana, in Civil Suit No.46672 of 11/8/2012, vide which an application under Order 6 Rule 17 CPC filed by the respondents-defendants to amend the written statement, was allowed.

(2.) Brief facts of the case are that petitioner-plaintiff filed a suit for specific performance of agreement/allotment letter dtd. 11/4/1986 with regard to property bearing plot No.96-C/10-A, measuring 250 square yards, executed by defendant No.1-Trust. As a consequential relief, the petitioner also filed suit for decree of mandatory injunction directing the defendants to execute and register the sale deed of the suit property in favour of the plaintiff on payment of balance sale consideration and another consequential decree for permanent injunction restraining the defendants from alienating or disposing of the property to some third person. The respondents-defendants filed written statement and contested the suit on the grounds set up in the written statement, wherein it is stated that aforesaid plot No.96-C/10-A measuring 250 square yards was sold by defendant No.1 in restricted open auction held in January, 1984 in favour of M/s Raj Transport Organization, however, the construction was not raised. It is further stated that possession of the plot was delivered and construction has been raised. Now the application has been filed under Order 6 Rule 17 CPC to add one para No.3-A in the written statement, which reads as under: -

(3.) The trial Court, while allowing the application under Order 6 Rule 17 CPC, passed the impugned order, by making the following observations: -