SARABJIT SINGH Vs. ATUL KUMAR

JUDGEMENT

(1.) Petitioners have preferred this revision petition against the order dated 07.07.2018 passed by the Civil Judge (Junior Division) Ludhiana, whereby the application under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint was allowed.

(2.) Plaintiff/Respondent filed a suit for possession by way of specific performance of agreement to sell dated 20.12.2006 directing the defendants to execute and get the sale deed registered in respect of land measuring 33 Kanals 8 Marlas situated at village Gaunsgarh, Tehsil and District Ludhiana and for permanent injunction.

(3.) Learned counsel for the petitioners submitted that the agreement to sell was executed on 20.12.2006 on the basis of which suit for possession by way of specific performance was filed by the plaintiff/respondent. The defendants in their written statement have taken specific plea in respect of cancellation of agreement to sell on 22.12.2008, still the application for amendment of plaint was filed on 25.04.2018 and, therefore, filing of application was time barred, even from the date of pronouncement of judgment in I.S. Sikandar (D) by Lrs. vs. K. Subramani and others, 2013 15 SCC 27 in the year 2013.