KULSHRESTH Vs. BAHADUR SINGH

JUDGEMENT

(1.) The present revision petition has been filed by Kulshresth, hereinafter described as the petitioner, directed against the order passed by the learned Addl. Civil Judge (Senior Division) Rewari, dated 4-12-1996. By virtue of the impugned order, learned trial Court dismissed the application filed by the petitioner to amend the written statement and file a counter claim seeking a decree for specific performance.

(2.) The relevant facts giving rise to the present revision petition are that the respondent-plaintiff filed a suit for permanent injunction to restrain the petitioner-defendant from raising any construction over the property in question. In the written statement filed, petitioner had contested the claim. It was asserted that respondents were not the owners of the property. During the pendency of the suit, petitioner submitted an application seeking amendment in the written statement. It was urged that Bishan Sarup had entered into an agreement to sell the property in dispute. Rupees 10,000/- were paid as part payment. Possession was delivered to the petitioner. Before the conclusion of contract, Bishan Sarup died on 25-12-1985. The petitioner gave legal notice to the legal representatives of Bishan Sarup and asked them to get the sale deed registered on payment of balance amount. Petitioner appeared before the Sub-Registrar but the respondents did not come. A counter-claim in this process was set up seeking specific performance of the agreement.

(3.) The learned trial Court after hearing the parties counsel relied upon Order 8, Rule 6-A of the Code of Civil Procedure (for short "the Code"). Reliance was also placed on the decision of this Court in the case of Bank of Baroda v. Sh. Gurcharan Singh, 1986 PLJ 43 : (AIR 1986 P and H 252) wherein it was held that such a plea should have been taken before the filing of the written statement. It has not been done and, therefore, Order 8, Rule 6-A of the Code would bar such a suit. The application was dismissed. Aggrieved by the same, present revision petition has been filed.