AJIT SINGH Vs. DALJIT SINGH

JUDGEMENT

(1.) TERSELY , the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, initially, respondents No.1 and 2 - plaintiffs Daljit Singh & Harjit Singh ss/o Gurdial Singh (for brevity "the plaintiffs") have instituted the civil suit (Annexure P1) for a decree of possession by means of specific performance of agreement to sell dated 5.11.2001, in respect of the land in dispute against petitioner -defendant No.1 Ajit Singh s/o Harnam Singh and other defendants (for short "the defendants"). The defendants contested the claim of plaintiffs, filed the written statement (Annexure P2), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) DURING the pendency of the suit, the plaintiffs filed an application (Annexure P9) for amendment of plaint, so as to correct the clerical mistake of date of agreement to sell dated 6.11.2001 instead of 5.11.2001. The defendants refuted their prayer, filed the reply (Annexure P10), strongly denied all the allegations contained in the application and prayed for its dismissal.

(3.) TAKING into consideration the facts and entire material on record, the trial Court accepted the application (Annexure P9) under Order 6 Rule 17 read with Section 151 CPC for amendment of plaint, by way of impugned order dated 3.1.2014 (Annexure P11).