INDER PAL SINGH Vs. BANKEY BIHARI

JUDGEMENT

(1.) - This petition filed under Sec. 115 of the Civil Procedure Code, 1908 (for brevity 'the Code') is directed against the order dated 14.5.2003 passed by the Addl. Civil Judge (Sr. Division), Anandpur Sahib dismissing the application of the defendant-petitioner in which prayer for amendment of the written statement under Order 6 Rule 17 of the Code was made.

(2.) Plaintiff-respondent has filed Civil Suit No. 195 dated 21.7.2000 for the relief of specific performance of agreement to sell dated 6.2.1997 and two subsequent agreements to sell dated 29.1.1998 and 30.12.1998 and also the endorsements made upon them vide different dates executed by the defendant- petitioner in favour of the plaintiff-respondent. Further prayer has been made for issuance of direction to the defendant-petitioner to execute the sale deed in favour of plaintiff-respondent after receiving the balance sale consideration and put the plaintiff-respondent in possession as owner of the house. In the alternative, prayer has also been made for recovery of Rs. 5,20,000.00 i.e. Rs. 2,60,000.00 being the advance money paid by the plaintiff- respondent to the defendant-petitioner and the equal amount as damages.

(3.) In the written statement the receipt of earnest money of Rs. 2,60,000.00 and the date of execution of sale deed agreed between the parties have been admitted. In the agreement, the defendant admitted to have purchased some land from one Gian Chand. Defendant-petitioner had agreed to sell the house for the reason that he was short of money for the transaction he has entered into with the afore-mentioned Gian Chand. The Civil Judge framed the issues and the parties have entered the trial as plaintiff-respondent had tendered in evidence affidavits of six witnesses and three of them have already been cross-examined. It is thus evident that the trial of the suit has already commenced.