KANWARJIT SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) The present revision has been filed challenging order dtd. 7/1/2022 whereby the application filed by the plaintiff-respondent for amendment of the plaint has been allowed.

(2.) The brief facts relevant to the present lis are that on 12/6/2020 the defendant-petitioners entered into an agreement to sell with the plaintiffrespondent for sale of land measuring 108 kanals 17 marlas situated in village Mangoli Rangran, Sub Tehsil Babain, District Kurukshetra. Various amounts were paid by the plaintiff-respondent - Rs.10.00 lakhs having been paid in cash, Rs.1.4 crores by RTGS in the account of Kanwarjit Singh, Rs.30.00 lakhs in the account of Darshan Kaur and Rs.20.00 lakhs by cheque on 17/5/2020. The target date in the agreement to sell was 30/4/2021. It transpires that a legal notice was served by the plaintiff-respondent calling upon the defendant-petitioners to come present to execute the sale deed on 25/11/2020. It was further the stand taken by the plaintiff-respondent that he remained present on 25/11/2020, however, the defendant-petitioners did not come present to perform their part of the contract. The suit was filed for permanent injunction on 10/12/2020 for restraining the defendant-petitioners herein from selling, mortgaging or creating any charge over the suit property. Consequently, an application for amendment of the plaint was filed on 21/9/2021. The said application was contested and vide the impugned order the application was allowed by the Trial Court. Aggrieved by the said order, the present revision petition has been preferred by the defendantpetitioners.

(3.) Learned counsel for the defendant-petitioners would contend that the amendment is barred by the provisions of Order II Rule 2 CPC inasmuch as intention of the defendant-petitioners was clear at the time when the legal notice was served on 21/11/2020 wherein it is stated that the defendant-petitioners were delaying the matter. It is further the contention that the suit for specific performance should have been filed at the first instance and now the same is barred by the provisions of Order II Rule 2 CPC.