PALWINDER SINGH Vs. LAKHBIR SINGH AND OTHERS

JUDGEMENT

(1.) Vide this revision petition, the petitioner-defendant challenges order dated 4.12.2013 passed by the lower court whereby pursuant to an application under Order VI Rule 17 CPC preferred by the plaintiffsrespondents No.1 and 2, his suit for seeking a decree of permanent injunction was allowed to be amended for specific performance of the agreement to sell.

(2.) It is claimed by the petitioner-defendant that by such amendment, entire nature of the suit is going to be changed as the suit for permanent injunction has been changed to a suit for specific performance of the agreement. Citing The Municipal Corporation of Greater Bombay Versus Lala Pancham and others, 1965 AIR(SC) 1008 and Balwan Singh Versus Dharam Singh, 1985 RRR 133 , it is urged that amendment making out a new case cannot be allowed to introduce in a plaint. It is also urged that absolutely a different case cannot be set up by way of amendment of pleadings.

(3.) Hearing has been provided.