PURAN CHAND Vs. HARJINDER SINGH AND OTHERS

JUDGEMENT

(1.) THIS Revision Petition is directed against the order of the trial Court declining the Plaintiff's application for amendment of the plaint.

(2.) THE case as set up by the Plaintiff is founded upon his averment that on December 16 1980 there was an agreement, whereby Defendant No. 1 agreed to sell to him the land in suit. The Plaintiff filed a suit seeking to restrain Defendant No. 1 from transferring the land in suit otherwise than in accordance with this agreement.

(3.) ON . August 19, 1981 the Plaintiff withdrew the suit filed by him with permission to file a fresh suit. It was thereafter that the present suit came to be filed by him on August 20, 1981. In this suit the Plaintiff sought a decree for declaration that the decree obtained by Defendants 2 and 3 against Defendant No. 1 was not binding upon him and he also sought a mandatory injunction against Defendant No. 1 seeking thereby transfer of the land in suit to him in terms of the agreement of December 16 1980 and also an injunction to restrain the Defendants from dispossessing him from the land in suit. An application under Order 39 Rules 1 and 2, Code of Civil Procedure was also filed by the Plaintiff to restrain the Defendants from interfering with his possession This application was dismissed by the trial Court on May 18, 1982 and the appeal filed against this order was also later dismissed by the Lower Appellate Court.