BALDEV SINGH Vs. RAJBIR ALIAS RAJBIR SINGH

JUDGEMENT

(1.) This revision is directed against the impugned order dtd. 5/5/2017 vide which the application of the petitioners-plaintiffs seeking amendment of their plaint was rejected by the Ld. Civil Judge (Junior Division), Ambala.

(2.) Background of the matter is that the petitioners-plaintiffs had filed a suit in the Ld. Court below seeking to challenge the Decree of Specific Performance obtained by respondent No.1 ex parte against respondents No.2 and 3, who had also agreed to sell the disputed properties in favour of the petitioners, as having been suffered on account of collusion between the two sets of respondents. The aforesaid impugned Decree otherwise had attained finality and was put into execution. The petitioners filed their objections against the execution by contending that they were in possession of the disputed land on the strength of the agreement executed in their favour on 15/9/1989, after which possession of the land was passed in their favour on 29/12/1990 on payment of the full consideration price by way of registered Power of Attorney, and that the final three sale seeds were executed in their favour subsequently by the constituted Attorney on 26/4/1991.

(3.) The objections filed on behalf of the petitioners were rejected by the Ld. Executing Court, after which they challenged such rejection in appeal which was allowed by the Ld. District Judge, Ambala.