KANWAR JAGDISH SINGH SAWHNEY Vs. VIJYANT CHOUDHARY

JUDGEMENT

(1.) VIDE this revision petition, the petitioner has challenged the order dated 26.2.2009 passed by the Civil Judge (Jr. Division), Chandigarh, whereby, respondent No. 1/plaintiff was allowed to amend the plaint.

(2.) BRIEF facts of the application seeking amendment of plaint, as noticed by the trial Court in para Nos. 2 and 3 of the impugned order, are as under :-

(3.) FROM the impugned order, it is evident that the trial of the case has not commenced yet as issues have not been framed so far and consequently no evidence has been led by any of the parties. In these circumstances, since the cause of action to claim the relief of specific performance of agreement to sell accrued to the plaintiff during the pendency of the suit, the learned trial Court rightly allowed the application seeking amendment of the plaint under Order VI Rule 17 CPC. Hence, the impugned order does not call for any interference.