MEENA AGGARWAL Vs. YASHPAL SETH AND ANOTHER

JUDGEMENT

(1.) INSTANT civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 13.08.2013 (Annexure P -4) passed by learned Additional Civil Judge (Sr. Divn.), Kurukshetra whereby application filed by the petitioner -plaintiff for amendment of plaint has been dismissed. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the plaintiff filed suit for mandatory injunction along with consequential relief of permanent injunction against the defendants. Upon notice, defendant No. 1 filed written statement alleging in para 3 of the preliminary objections that the plaintiff obtained general power of attorney dated 25.03.1998 with respect to the suit property to look after it. Defendant No. 1 suspecting fraud and cheating, cancelled the said general power of attorney vide cancellation deed dated 04.05.2006. Para 3 of the preliminary objections is reproduced as under:

(2.) I have heard learned counsel for the parties and perused the record.