A correction to a structure which is (readable text unclear) under Article 227 amended plaint dismissed.
Revision petition dismissed; amendment to plaint upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No.2320 of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C ivil Revision No. 2320 of 2009(O&M)
Date of Decision: September 07, 2009
Gyanender and others
...... Petitioners
Versus
Mrs. Vimlesh and others
...... Respondents
Coram: Hon'ble Mr. Justice Ajay Tewari
Present: Mr.Ashok Tyagi, Advocate for the petitioners.
Ajay Tewari, J.
This revision petition has been filed against an order allowing amendment of the plaint. The respondents had earlier filed a suit claiming that they had been put in possession by virtue of an agreement to sell and seeking a prayer to restrain the petitioners from dispossessing them. As per the respondents during the pendency of that suit date for execution of sale deed had also arrived and thus they had become entitled to file a suit for specific performance. It is that amendment which has been challenged by way of this revision petition.
Learned trial court has rightly found that on the date when the amendment was allowed the respondents would, in any case, have the right to pray for withdrawal of the pending suit with permission to file a fresh one
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Civil Revision No.2320 of 2009
on the subsequent cause of action and that on that date the suit for specific performance was within limitation.
In these circumstances the prayer for amendment which has been allowed does not suffer from any such material irregularity so as to justify interference by this Court under Article 227 of the Constitution of India.
Consequently this revision petition is dismissed.
(AJAY TEWARI) JUDGE September 07, 2009 sunita
2 issues framed by the court
Whether the trial court erred in allowing amendment to the plaint reinstating limitation for specific performance.
Whether interference under Article 227 is justified when the amended suit lies within limitation.
Gyanender
Mrs. Vimlesh
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
