BAL KISHAN CHAUHAN Vs. SHEELA DEVI

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India by the petitioner-defendant, challenging the order dtd. 3/10/2025 passed by the learned Civil Judge (Junior Division), Faridabad, whereby the application filed by the defendant under Order VI Rule 17 CPC for amendment of the written statement has been dismissed.

(2.) The brief facts leading to the present petition are that the respondent-plaintiff filed a civil suit for specific performance and possession on the basis of an agreement to sell dtd. 19/10/2015, alleged to have been executed by the petitioner-defendant in favour of her husband, late Sh. Brij Mohan Sharma, for a total sale consideration of Rs.1.00 crore.

(3.) The defendant filed his written statement admitting the execution of the said agreement and receipt of Rs.30.00 lakhs as earnest money but pleaded that the balance sale consideration was never paid, and therefore, the agreement automatically stood cancelled. It was further pleaded that the plaintiff's husband failed to perform his part of the contract, and after his death, the plaintiffs also did not make payment of the balance amount, leading to the forfeiture of the earnest money and cancellation of the related documents such as the Will and GPA executed in their favour.