COL. SATWANT SINGH Vs. SMT. UMA BAKSHI

JUDGEMENT

(1.) THROUGH this revision petition filed under Article 227 of the Constitution of India, the petitioner has prayed for setting aside of order dated 16.5:2007 passed by the Civil Judge (Junior Division), Panchkula, whereby application moved under Order 6 Rule 17, Civil Procedure Code, for amendment of the plaint has been dismissed.

(2.) I have heard learned Counsel for the petitioner and have also gone through the impugned order.

(3.) IN the instant case, I find that the present petitioner has filed a suit for permanent injunction restraining the respondent or her partner or any other person or on her behalf from alienating Plot No. 15, Sector 25, Panchkula, to anyone else except the present petitioner. He has further sought a decree for mandatory injunction directing the respondent -defendant to transfer the said house in the name of the petitioner in accordance with agreement to sell dated 6.12.2004. Meaning thereby that, entire controversy revolves around agreement to sell mentioned above. The petitioner, by way of proposed amendment, wants to convert the suit into one for Specific Performance of the agreement to sell qua suit property. The main controversy between the parties is with regard to an agreement dated 2.4.200S specific performance of which is being sought by the petitioner by way of proposed amendment.