MOTI LAL Vs. RAJEEV MARWAHA

JUDGEMENT

(1.) By way of present revision petition, challenge has been laid to an order dtd. 26/8/2015 passed by the Court of learned Civil Judge (Junior Division), Ludhiana, whereby an application filed on behalf of the petitioner-plaintiff seeking amendment of the plaint stands declined.

(2.) Briefly stating, an agreement to sell dtd. 10/10/2008 was entered into between the petitioner/plaintiff-vendee and the respondents-defendants/vendors with respect to a plot measuring 544 square yards situated at Sherpur Kalan, Beantpura, Street No. 6, Ludhiana. As per the agreement to sell, the target date for execution of the sale deed was fixed as 10/6/2009, and a sum of Rs.1.00 lakh was paid as earnest money against the total sale consideration of Rs.15.00 lakhs. On 20/4/2013, the petitioner-plaintiff filed a suit for permanent injunction with a prayer for restraining the respondents from alienating the suit property. The relevant averments made in paras-8 to10 of the plaint are extracted hereunder:-

(3.) The aforesaid suit was contested by the respondents-defendants, followed by framing of issues. At the stage of recording of plaintiff's evidence, the petitioner-plaintiff moved an application seeking amendment of plaint with the prayer for seeking the relief of possession by way of specific performance. The said application was opposed at the hands of respondents-defendants. The learned trial Court vide order dtd. 26/8/2015 dismissed the prayer made on behalf of the petitioner-plaintiff while declining the application for amendment of plaint.