SURJIT KAUR Vs. RAVI KANT SHARMA

JUDGEMENT

(1.) Vide this revision petition, order dated 8.7.2014 of the lower court vide which application of the petitioner-defendant for framing of additional issue was declined, is under challenge.

(2.) Plaintiff, respondent No.1 herein, had filed a suit for specific performance of the agreement dated 20.4.2005 in respect of the land measuring 64 kanal, detailed and described in the suit. The defendant had contested the suit claiming the agreement dated 4.10.2006 to have been procured in connivance with the scribe. Ground of fraud was taken. Despite tough resistance from the defendant, petitioner herein, the suit was decreed on 21.3.2012. The appeal was preferred by the defendant, petitioner herein, which was heard by Additional District Judge, Jalandhar. Vide his order dated 19.9.2013, setting aside the judgment and decree of the lower court, the suit was remanded to give opportunity to Smt. Surjit Kaur being legal heir of defendant Gurbachan Singh to prove her case as she had not been able to spell out her case to the lower court at the relevant time due to untimely death of her husband, when she had failed to come to India though her tickets to visit India had already been reserved. In short, she was given opportunity to lead evidence to support her claim to defeat the claim propounded by the respondent-plaintiff. In a bid to overflow from the domain of the appellate court's order, defendant No.4 Smt. Surjit Kaur was examined on an affidavit which was found to be militating against the order of the appellate court. Sequelly, the plaintiff had made an application for rejecting the affidavit of Smt. Surjit Kaur. Accepting the plea of the plaintiff, the defendant was called upon to file a fresh affidavit of her examination-in-chief as per directions of the appellate court.

(3.) Thereafter, the defendant, petitioner herein, has moved an application for amendment of the issues which was rejected.