GURDEV SINGH Vs. NIRMAL KAUR

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside the order dated 05.09.2016, passed by learned Additional Civil Judge (Sr. Division), Jaitu, District Faridkot, whereby his application under Order 6, Rule 17 read with section 151 CPC for amendment of the written statement has been dismissed.

(2.) Perusal of the order shows that the present petitioner defendant wanted to plead agreement to sell dated 13.02.2006, which is executed in favour of defendant by Balwinder Singh, who is predecessor in interest of the plaintiff and the dispute in the suit is with regard to share of Balwinder Singh in the suit property. Even if the defendant was knowledge of this agreement, the amendment is necessary as the plaintiff is seeking declaration of having share in the property, which is also subject matter of the agreement dated 13.02.2006.

(3.) Heard learned counsel for the parties.