BALBIR SINGH Vs. SATNAM SINGH AND ANOTHER

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 22.07.2015 passed by the learned Civil Judge (Jr. Division) Kurukshetra, whereby the application under Order 6 Rule 17 of the Code of Civil Procedure 1908 (for short CPC) moved by the petitioner for amendment of the plaint has been dismissed.

(2.) Learned counsel for the petitioner contended that during the pendency of the suit respondents forcibly took the possession of the suit property. The petitioner-plaintiff only wants to amend the plaint to introduce the relief of possession along with relief sought in the suit for specific performance of the agreement to sell dated 10.08.2009. He contended that the proposed amendment is only due to the subsequent event and will not change the nature of the case.

(3.) On the other hand, learned counsel for the respondents contended that there was no need for the amendment sought by the plaintiff-petitioner. The Court could have considered the relief of possession on the basis of the pleadings even in a suit for specific performance. Thus, he contended that the application has been rightly dismissed by the learned trial Court.