KAUR SINGH Vs. MANOHAR SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dtd. 16/8/2019 whereby the Trial Court has dismissed an application filed under Ss. 151 and 152 of the Code of Civil Procedure, 1908 (for short 'CPC') for correction of the plaint.

(2.) Learned counsel for the petitioner would contend that inadvertently Khasra No.30 of Khata No.181/197 was not mentioned in the original plaint at the time of filing of the suit for specific performance. On the basis of pleadings of the parties and the evidence on record the suit was decreed vide judgment and decree dtd. 8/8/2017. Appeal preferred by the defendant-respondent was dismissed vide judgment and decree dtd. 19/7/2018. It is further the contention that it is only at the time of execution of the decree that it came to the notice of the petitioner that Khasra No.30 of Khata No.181/197 had inadvertently not been mentioned in the plaint.

(3.) Learned counsel for the petitioner further submits that the said Khasra No.30 of Khata No.181/197 stands duly mentioned in the agreement to sell dtd. 1/12/2010. It has further been pointed out that even in the impugned order dtd. 16/8/2019, it has been noticed that Khasra No.30 of Khata No.181/197 finds mention in the agreement to sell dtd. 1/12/2010.