JAI SINGH Vs. SUKHJIT KAUR

JUDGEMENT

(1.) THIS order shall dispose of CR No. 5933 of 2004 titled Jai Singh v. Smt. Sukhjit Kaur, CR No. 4679 of 2005 titled Jai Singh v. Gurcharanjit Singh and others and CR No. 2005 titled Jai Singh v. Amrik Singh and others, as common questions of law and facts are involved in these petitions.

(2.) FOR facility, facts are being taken from CR No. 5933 of 2004.

(3.) THE plaintiff-respondent filed a suit for specific performance of an agreement to sell regarding agricultural land belonging to the defendant- petitioner. It was also prayed therein that the defendant-petitioner may be restrained from selling, alienating or encumbering the suit property. In the written statement the execution of the agreement was denied and it was claimed that the agreement is the outcome of misrepresentation. The present application was moved to amend the written statement so as to incorporate the particulars of fraud. It was also mentioned therein that the particulars of previous litigation were also required to be mentioned in the written statement. It was also claimed that the present suit for specific performance was filed after the defendant has filed a criminal complaint against the plaintiff. The application was opposed on the ground that no plea of fraud was taken with regard to the agreement of sale in question and therefore, it was claimed that the said plea could not be allowed to be raised now. It was also claimed that the proposed amendment was not necessary and the same cannot be allowed as per the amended Code of Civil Procedure (for short the Code) as no amendment of pleadings could be allowed after the commencement of trial.