GURBAX SINGH Vs. CHARAN DASS

JUDGEMENT

(1.) BASED on agreement to sell dated 17.10.2006, suit for seeking a decree of specific performance was passed in favour of the plaintiff, petitioner herein.

(2.) DESCRIPTION of the property had been given in the agreement to sell as also in the plaint on the basis of which evidence was led by the plaintiff and the decree was passed. When the defendant did not come forward, it was held that the plaintiff was entitled to get the sale deed executed through the court of law. At the stage of execution of the decree dated 14.2.2008, the plaintiff, petitioner herein, noticed that dimensions of the property in litigation had been wrongly given not only in the decree sheet but also in the agreement to sell and in the pleadings of the plaintiff as well.

(3.) CONSEQUENTLY , an application under Order VI Rule 17 read with Section 151 and 152 CPC for amendment of the plaint, site plan attached with the plaint and amendment in judgment and decree dated 14.2.2008 was sought. The lower court taking all these facts into consideration, came to the conclusion that there was no merit in the application. Sequelly, the same was dismissed. This revision petition challenges the said order dated 15.11.2014.