LALLU Vs. NIRDOSH KUMAR

JUDGEMENT

(1.) THIS revision-petition under Article 227 of the Constitution of India, for setting aside the order dated 02.06.2009, rendered by the Court of Civil Judge ( Junior Division ), Faridabad, vide which it allowed the application under Order 6 Rule 17 of the Code of Civil Procedure, has been filed Civil Revision by the petitioner.

(2.) THE relevant facts, for the just decision of the revision petition, are that the defendant claiming himself to be the owner in physical possession of the property, in dispute,, entered into an agreement to sell dated 31.03.1994 with the plaintiff, in respect thereof, for a total sale consideration of Rs.45,000/-. According to the terms and conditions of the agreement to sell, the defendant was to get effected the necessary correction in the revenue record, in respect of the property, in question and thereafter to intimate the plaintiff. It was further stated that the sale deed was to be executed, within a period of two months, from the date of intimation. However, neither any intimation to the plaintiff, was given nor sale deed was executed, by the defendant/respondent in his favour. It was further stated that when the plaintiff approached the defendant, to execute the sale deed, the defendant wanted to alienate the suit land to some other person and tried to raise illegal construction over the same. Ultimately, a suit for permanent injunction was filed.

(3.) THE application for amendment was opposed by the defendant/respondent, on the ground, that the same was not essential for the just decision of the case. He also denied the execution of the agreement to sell and receipt of consideration. It was further stated that the claim, sought to be added by way of amendment, by the plaintiff, was barred by time.