HAZURA SINGH Vs. DINA NATH

JUDGEMENT

(1.) This revision petition is directed against the order of the trial court whereby he declined the application under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the plaint.

(2.) Defendants-respondents entered into an agreement for the sale of property in the sum of Rs. 3,25,000/- and received Rs. 25,000/- as earnest money. However, before the sale deed could be executed, some dispute arose between the parties. The purchaser (plaintiff) filed a suit for the recovery of Rs. 75,000/-. It seems that the defendants sold the property, which was the subject matter of the agreement, even before the filing of the suit for recovery of Rs. 75,000/- to the sons of Joginder Singh.

(3.) During the pendency of the suit, plaintiff moved an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint challenging the sale deed executed by the defendants in favour of the sons of Joginder Singh being fraudulent. This application was opposed by the defendants. The trial Court by order dated 15.3.1991 dismissed the application. Hence the present revision petition at the instance of the plaintiff.