GORDHAN Vs. JAIBIR SINGH

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order dated 10.1.2014 (Annexure P4) whereby application moved by the respondents for permission to amend the plaint, was allowed.

(2.) LEARNED counsel for the petitioner has submitted that, initially, respondents had filed suit for specific performance or in the alternative recovery of Rs. 80,23,125/ -. However, now by way of amendment, the respondents wanted to controvert the suit for specific performance into a suit for mandatory injunction.

(3.) IT has been held by the apex court in jagdish singh vs. Natthu singh 1992 air (sc) 1604 wherein it has been held as under: -