KULDEEP SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) By this petition, the petitioner challenges the order dtd. 28/1/2014 passed by the learned Civil Judge (Junior Division), Nabha, by which that court has allowed the application of the respondent (plaintiff in the suit before that court), filed under Order 6 Rule 17 of the Code of Civil Procedure, (read with Sec. 26 of the Specific Relief Act, 1963), seeking amendment of his plaint.

(2.) The suit filed by the respondent is one seeking a decree of possession of the suit property by way of specific performance of an agreement of sale stated to have been entered into the parties on 1/3/2007, with the application seeking amendment of the plaint and a part of the agreement, having been filed on 9/12/2011 (copy Annexure P-2 with the petition). A perusal of the said application shows that the amendment sought by the respondent was that in the agreement of sale itself a wrong khasra number had been given (describing the suit land), which as per the application, was due to "an inadvertent view taken by the Patwari while preparing copy of jamabandi for the year 2003".

(3.) A perusal of the said order shows that after noticing the aforesaid contentions/pleadings in the application and the reply filed by the present petitioner (defendant in the suit), it was seen that he had stated that the suit itself was based on a forged and fabricated agreement, which actually the present petitioner had never executed (as per his stand), he further stating that even the jamabandi and khasra girdawari, i.e. the record of rights and the annual record, were forged by the plaintiff in connivance with the Halqa Patwari.