LAWS(P&H)-2019-7-313

SUKHWINDER KAUR Vs. AVTAR SINGH

Decided On July 12, 2019
SUKHWINDER KAUR Appellant
V/S
AVTAR SINGH Respondents

JUDGEMENT

(1.) Mr. J.S. Arora, Advocate has filed vakalatnama on behalf of the petitioners with no objection from earlier counsel, which be taken on record.

(2.) This revision petition is directed against order dated 08.05.2019, passed by Addl. Civil Judge (Sr. Divn.) Amritsar, in an execution application, titled 'Avtar Singh Vs. Sukhwinder Kaur and others', vide which, an application filed by respondent Avtar Singh under Order 6 Rule 17 CPC for amendment of execution application has been allowed.

(3.) I have heard learned counsel for the revisionists and have gone through the impugned order and I find that there is no merit in the revision petition. A perusal of the impugned order goes to show that the plaintiff/DH had filed a suit for specific performance on the basis of agreement to sell dated 10.11.2009 with regard to the property bearing khasra Nos. 464, 465 and 466, but in the judgment passed by the trial Court, khasra No.465 was not mentioned. Subsequently, the plaintiff/DH moved an application before the trial Court under Section 152 CPC for carrying out necessary correction in the judgment, which was accepted, vide order dated 15.12.2018 and khasra No.465 was incorporated. Accordingly, the plaintiff/DH filed an application for amendment in the present execution petition. The Executing Court finding merit in that contentions accepted the application, which left the judgment debtors aggrieved and they have filed the present revision petition.