BALWANT SINGH Vs. RANBIR SINGH

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated May 17, 1988, whereby application seeking amendment of the plaint was dismissed.

(2.) There was an agreement of sale dated July 18, 1984 between the parties. The plaintiff had paid a sum of Rs. 25,000/- deed by way of earnest money. According to the sale agreement, the sale was to be executed on or before January 18, 1984. The plaintiff filed the present suit for permanent injunction restraining the defendant from alienating the property to anybody else except to the plaintiff on October 6, 1987. On December 21, 1987, the plaintiff moved an application seeking amendment of the plaint by virtue of which he wanted to convert the suit for permanent injunction into a suit for specific performance of the agreement of sale. This application was contested on behalf of the defendant. The trial Court dismissed the same on the ground that "the plaintiff intends to convert the suit for permanent injunction into a suit for specific performance of the agreement. The plaintiff has equally efficacious remedy against the defendant i.e. by filing a separate suit for specific performance of the agreement."

(3.) The learned counsel for the petitioner submitted that when the impugned order was passed on May 17, 1988, filing a separate suit for specific performance of the agreement of sale would be barred by time whereas the application seeking amendment of the plaint was filed on December 21, 1987 and was, thus, within time. Thus argued the learned counsel, under these circumstances the plaintiff should have been allowed to amend the plaint as the cause of action was the same i.e. the agreement of sale dated July 18, 1984. Moreover, argued the learned counsel, the defendant could not be prejudiced in any manner. In support of his contention he referred to Surjeet Singh v. Sucha Singh and others, 1980 PunLJ 41 and Tarsem Singh v. Daljeet Kaur and others, 1986 RRR 628.