BHUPINDER SINGH Vs. PRITPAL SINGH

JUDGEMENT

(1.) Challenge is made to the order dated 30.10.2019 passed by the Addl. Civil Judge (Sr. Divn.) Moga, vide which the application under Order 6 Rule 17 CPC filed by the respondent for amendment of the written statement was allowed.

(2.) Plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 25.05.2017 and in the alternative suit for recovery of Rs.23,55,000/- inclusive of penalty along with interest, with consequential relief of permanent injunction was also filed.

(3.) In the aforesaid suit, defendants filed an application for amendment in the written statement on the ground that that suit filed by the plaintiff is based on the agreement to sell allegedly executed by the defendants which they have denied by questioning the execution and validity of the agreement to sell dated 25.05.2017. The defendants sought amendment in the written statement by proposing to add para No.4a. which is to the following effect:-