JASRAM Vs. GAJANRAM

JUDGEMENT

(1.) In both the above writ petitions, order dated 5.2.2010 passed by the Civil judge (Sr. Dn.), Hanumangarh in Civil Case No. 40/2006 is under challenge.

(2.) The plaintiff-petitioner in S.B. Civil Writ Petition No. 4612/2010 has prayed for quashing order impugned dated 5.2.2010 to the extent of rejecting prayer for amendment in paras 2(ka), 2(kha) and 2(cha) and in S.B. Civil Writ Petition No. 8241/2010 the defendant-petitioner is challenging order dated 5.2.2010 to the extent of allowing amendment in paras 2(ka), 2(gha) and 2(da) in the suit.

(3.) As per facts of the case, Gajan Ram plaintiff filed a suit for specific performance of agreement to sale dated 30.1.1989 and perpetual injunction in the Court of Civil Judge (Sr. Dn.), Hanumangarh. In the suit, an application was filed by him under order 6 Rule 17, C.P.C. wherein it is prayed that suit has been filed for specific performance of agreement to sale dated 30.1.1989 in which para 2 sub-para (gha), para 10 sub-paras (ka) and (gha) amendment is necessary because mistake has been committed bonafide in the detail of agricultural land.