RAMANAND Vs. SEDHU

JUDGEMENT

(1.) THE petitioner challenges an order dated 4.6.2009, whereby the Civil Judge (Junior Division), Rewari, has dismissed his application for amendment of the plaint.

(2.) THE plaintiff/petitioner filed a suit for permanent injunction to restrain the respondents from interfering in his possession over the suit land by alleging that part of the suit land was sold to him by Mahadev vide sale deed dated 22.6.1979 and for the remaining half share, owned by the vendor's brother Mukanda, the vendor received money after promising the petitioner that this half share would be transferred to his name by the vendor's brother.

(3.) THE contesting respondent Nos. 1 to 3 opposed the prayer for amendment by pleading that as the trial has commenced, the prayer for amendment cannot be accepted. It was further pleaded that as the heirs of Mukanda have sold their half share to respondent Nos. 1 to 3, by way of a registered sale deed 21.8.1980 even if the amendment is allowed the subsequent agreement in favour of the petitioner, would be irrelevant. The trial court dismissed the application by holding that the petitioner has failed to prove the exercise of "due diligence" for not incorporating this plea in the original plaint.