SHIV LAGAN DEVI Vs. BHOLA KUSHAWAHA : BANKATESH NARAYAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for opposite party no. 1 and learned counsel for opposite party no. 2.

(2.) This civil revision has been filed by the sole plaintiff -petitioner challenging order dated 17,1.2009 by which the learned 'Munsif, Bhojpur rejected his petition under Order VI Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'the Code ') read with Section 26 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act ' for the sake of brevity) for amendment/correction of the revisional survey plot number ofthe said land given in the registered deed of agreement for sale dated 10.7.1995 with respect to 1/2 decimal of plot no. 139.

(3.) THE aforesaid suit was filed by the plaintiff -petitioner for specific performance of contract on the basis of above mentioned agreement for saledated 10.7.1995 said to have been executed by defendant no. 1 -opposite party no. 1 in favour of the plaintiff -petitioner, whereafter defendant no. 1. executed a registered sale deed dated 8.10.1998 in favour of defendant no. 2 with respect to 1/2 decimal of revisional plot no. 269. In the said suit, both the defendants - opposite parties appeared and filed their respective written statement, whereafter issues were framed and evidence of the plaintiff started and till date eight witnesses on his behalf have already been examined.