RAGHUNATH SINGH Vs. MANJIT SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 30.10.2010 passed by the learned Civil Judge (Junior Division), Court No. 3, Una whereby he rejected the application filed by the plaintiffs for amendment of the plaint.

(2.) Briefly stated, the facts of the case are that the plaintiffs filed a suit in December, 2000 for specific performance of contract. In para 1 of the plaint details of the contract were given. Para 2 of the plaint reads as follows:

(3.) In para 3 of the plaint it was averred that defendants 1 to 3 when requested to execute the sale deed in favour of the plaintiffs, they told the plaintiffs that defendant No. 8, as attorney of defendants 1 to 3, had executed sale deeds of the suit property in favour of defendants 4 to 7. In the plaint itself it was prayed that the said sale deeds, if any, are fraudulent, null and void, inoperative and did not affect the agreements between the parties. However, in the prayer clause no prayer was made for declaring these sale deeds to be null and void.