LAWS(P&H)-2013-10-109

TEJ KAUR Vs. BALWINDER SINGH

Decided On October 05, 2013
Tej Kaur and Others Appellant
V/S
Balwinder Singh and Others Respondents

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 01.08.2012 (Annexure P/1) passed by learned Additional District Judge, Sri Muktsar Sahib, whereby application moved the respondents-plaintiffs under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure for amendment of plaint has been allowed. Brief facts relevant for disposal of this revision petition are that respondents/plaintiffs filed a suit for specific performance against the petitioners/defendants Tej Kaur, and Harmander Singh (husband of defendant No. 2-Lakhvir Kaur and father of defendant Nos. 3 to 5-Yadawinder Singh, Gurwinder Singh and Simarjit Kaur) alleging that the petitioners/defendants entered into an agreement to sell dated 12.05.2005 with the respondents/plaintiffs. To the said agreement allegedly Simarjit Kaur was not party. However, the same was done at her instance by her father. Vide judgment and decree dated 18.4.2011 the trial Court decreed the suit only for alternative relief of refund of earnest money with interest. In appeal preferred by the respondents/plaintiffs, an application under Order 6 Rule 17 read with Section 151 CPC was moved to amend the plaint. The respondents-plaintiffs only sought to add para No. 6-A and also make amendment in the prayer clause in the plaint which read as under:

(2.) In the prayer clause of the plaint, after the word 'sale deed' and before the word 'and', it is to be added:-

(3.) Vide impugned order dated 01.08.2012, learned lower appellate Court has allowed the application. Hence, this revision petition.