SUKHDEV SINGH Vs. BAKHA SINGH AND ORS.

JUDGEMENT

(1.) THIS revision -petition, under Article 227 of the Constitution of India, is directed, against the order dated 12.06.09, rendered by the Court of Civil Judge (Senior Division), Assandh, vide which, it dismissed the application, under Order 6, Rule 17, read with Section 151 of the Code of Civil Procedure, for the amendment of plaint.

(2.) THE plaintiff filed a suit for specific performance, on the basis of the agreement to sell, executed, in his favour, by defendant No. 1. The defendants failed to execute and get registered the sale deed. During the pendency of the suit, an application for amendment was filed by the plaintiff/revision -petitioner, that he came to know that the defendants had hatched a conspiracy, wherein, they fabricated and manipulated the agreement to sell dated 03.07.2000, stated to have been executed by defendant No. 2, in his favour, relating to the property in dispute. It was stated that the stamp paper upon which the agreement to sell dated 03.07.2000 had been scribed, was purchased by the defendants, having some back date, and entered into by the stamp vendor, in his register at serial No. 1120. It was further stated that the register of the stamp vendor showed that at serial No. 1120, some other person namely Jai Bhagwan, had purchased the stamp paper. However, the names of the defendants, as the purchasers, of the stamp paper, were got incorporated. By way of amendment, the plaintiff wanted to incorporate, in the plaint, the aforesaid facts. He also wanted to incorporate the factum, that a criminal case was registered against the defendants.

(3.) AFTER hearing the Counsel for the parties, the trial Court, dismissed the application for the amendment of plaint.