BHARAT BHUSHAN Vs. JATINDER KAUR

JUDGEMENT

(1.) Petitioner/plaintiff No.1 has preferred this revision petition against the order dtd. 12/7/2016 passed by the Civil Judge (Jr. Divn.) Ludhiana vide which the application filed by the plaintiffs for amendment of the plaint was dismissed

(2.) Brief facts are that the plaintiffs filed a suit for possession by way of specific performance of agreement to sell dtd. 6/4/2005 in respect of the suit land. The suit was decreed by the trial Court vide judgment and decree dtd. 16/5/2013 against which an appeal was preferred before the lower Appellate Court. The lower Appellate Court vide judgment and decree dtd. 20/1/2016 accepted the appeal, thereby setting aside the judgment and decree dtd. 16/5/2013 passed by the trial Court and remanded the case back to the trial Court with a direction to provide an effective opportunity to the parties to lead evidence on the additional issue to be framed by the trial Court and thereafter reappraise the evidence and decide the suit afresh within a period of six months from the date fixed before the trial Court i.e. 15/2/2016. While deciding the appeal, the lower Appellate Court recorded the following observations in para No.18, 21 and 22 of its judgment:-

(3.) After decision of the lower Appellate Court on 20/1/2016, the plaintiffs immediately filed an application under Order 6 Rule 17 read with Sec. 151 CPC for amendment of the plaint on 25/2/2016. The said application was contested by the respondents on the premise that on the date of filing of the application, the cause of action viz.-a-viz. the proposed amendment seeking to incorporate challenge to the factum of cancelling the agreement to sell by notice dtd. 17/1/2006 was barred by limitation.