JOGINDER KAUR Vs. RAVI KUMAR

JUDGEMENT

(1.) THIS revision petition has been filed against the order passed by the learned trial Court on 10.3.2005 vide which the application for amendment of the suit has been declined. The petitioner- plaintiff by way of amendment sought to amend para (1) of the plaint as under :-

(2.) SHE also wished to amend the head note of the plaint. The case of the petitioner is that she claimed herself to be the owner on the basis of power of attorney, because total sale consideration was paid, however, no sale-deed was registered in her favour. It was only an agreement to sell along with possession. In para (2) of the original plaint the sale in favour of the defendant was specifically denied. The learned trial Court dismissed the application of two grounds. Firstly, that the sale-deed in favour of defendant was executed prior to institution of the suit and therefore, the valuable right under the Limitation Act had accrued to her as the period of three years had elapsed. The second ground of rejection was that the amendment in the present case cannot be allowed as the same is debarred under Order 6 Rule 17 CPC after the commencement of the trial.