RAO SHAILENDER SINGH Vs. RAITANI BUILDCON PVT. LTD.

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dtd. 23/1/2015 passed by the Addl. District Judge, Gurgaon (now Gurugram), vide which amendment of plaint at the appellate stage was dismissed.

(2.) Plaintiff/petitioner filed a suit for specific performance of agreement to sell dtd. 1/4/2005. Trial Court decreed the suit for alternative relief of refund of money vide judgment and decree dtd. 23/12/2013. Feeling aggrieved against the said judgment and decree, the plaintiff/appellant filed first appeal before the lower Appellate Court.

(3.) It is relevant to mention here that the Hon'ble Apex Court decided the case titled I.S. Sikandar (D) By LRs. v. K. Subramani and others, 2014(1) R.C.R. (Civil) 236 vide judgment dtd. 29/8/2013, wherein it was decided that notice of cancellation of agreement to sell is to be challenged by the plaintiff in the suit itself.