BHUPINDER SINGH Vs. BALWANT KAUR

JUDGEMENT

(1.) THIS revision petition arises out of an order refusing prayer for amendment of the plaint, seeking to correct date of agreement as 6.12.1989 as against 2.12.1989 originally mentioned in the plaint.

(2.) SUIT has been filed for specific performance of agreement to sell and for injunction against alienation of the suit property in favour of any one else other than the plaintiff. In para 4 of the plaint, it was stated that agreement dated 2.12.1989 was executed between the parties whereby suit property was agreed to be sold to the plaintiff but the defendant backed-out and did not complete his part of the contract. The suit was filed on 27.5.1994. On 22.4.1999, the plaintiff filed application for amendment to change the date of agreement to sell as mentioned in the plaint. The application was opposed on the ground that the amendment had been sought at a belated stage and will change the nature of the suit.

(3.) IT is contended by the learned counsel for the petitioners that plaintiff went to Bangkok on 4.12.1989 and agreement was signed there on 6.12.1989 and even if the agreement carries date of 2.12.1989, unless amendment is permitted, the plaintiff will not be able to prove that agreement was dated 6.12.1989 in view of averment in the plaint that the agreement was dated 2.12.1989. It is also stated that only while examining the record, it came to notice of the plaintiff that the date of agreement was 6.12.1989 as plaintiff went to Bangkok only on 4.12.1989 and the agreement could not be of date earlier to that. It is further stated that the case is at the stage of plaintiff's service. It is also stated that amendment was of formal nature and no prejudice will be caused to the respondents and merely because amendment was sought at belated stage, was not enough to disallow the amendment which was necessary for just decision of the suit. In support of his submissions, learned counsel for the petitioners relied on Pirgonda Hongonda Patil v. Kalgonda Shidgonda Patil and others, AIR 1957 SC 363, Tarsem Lal and another v. Shadi Ram and others, 1990(1) RLR 293 (P&H) : 1991(1) RRR 184 (P&H), Pritam Singh v. Atma and others, 1993(1) PLR 648 (P&H) : 1993(2) RRR 507 (P&H), Sampath Kumar v. Ayyakannu and another, (2002) 7 SCC 559 : 2002(4) RCR(Civil) 566 (SC), Steel Authority of India Ltd. v. Dr. R.N. Jain and others, 2003(2) PLR (Delhi Section) 39, Tarlochan Singh v. Bhagwant Singh, 2003(2) RCR(Civil) 447 (P&H), Punjab National Bank v. Indian Bank and another, 2003(2) PLR 488 (SC) : 2003(2) RCR(Civil) 668 (SC) and Time Warner Entertainment Company v. A.K. Das and others, 2003(2) RCR(Civil) 846 (Delhi High Court).