NACHATTAR SINGH Vs. SUSHIL KUMAR AND OTHERS

JUDGEMENT

(1.) Petitioner-Plaintiff No. 1 has filed this revision petition under Article 227 of Constitution of India assailing the order dated 14.10.2015 passed by Civil Judge (Junior Division), Rajpura whereby applications filed by the defendants-respondents No.1 to 3 and 4 under Order 6, Rule 17 of the Code of Civil Procedure (for short, "the Code") seeking amendment in the written statement were allowed.

(2.) A suit for specific performance of agreement of sale dated 05.01.2006 in respect of land measuring 32 Bighas (detail of which was given in the head note of the plaint) situated in the revenue estate of village Dhamanheri, Tehsil Rajpura, District Patiala, said to have been executed by the respondents-defendants, was filed by the petitioner and two other persons, namely Bhupinder Singh and Ramesh Kumar. They also challenged the sale deed executed by defendant No.1 in favour of his sister-defendant No.4 on 22.03.2011. On notice of the suit, the respondents-defendants appeared and contested the suit. They filed written statement raising numerous legal and factual preliminary objections. Subsequently, before issues on the rival contentions of the parties could be framed, the defendants filed two applications for amendment of written statement alleging that they had explained all facts and handed over all documents to Advocate Shri L.S. Bhangu, engaged by them and he had obtained their signatures on some blank papers. Their counsel filed the written statement in the Court and gave photocopies of the same to them. On going through the written statement filed, they came to know that the same was not as per the actual situation explained by them. Accordingly, they sought permission to amend the written statement so that the true and complete facts could be pleaded.

(3.) Petitioner-Plaintiffs contested the application pleading that the story now being sought to be presented by the defendants is nothing but a concoction and result of an afterthought.