Revision against dismissal of plaint amendment u.o. 6 r. 17 CPC in specific performance suit. Held amendment unnecessary as undeclaring validity of subsequent sale was already covered under claim for specific performance against all defendants.
Revision petition disposed without allowing amendment.
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.
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CR No.4470 of 2009
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.4470 of 2009 (O&M) DATE OF DECISION: 13.10.2009 ****
Saroj Rani and others
. . . . Petitioners
VS.
Anil Kumar Sareen and others
. . . . Respondents
CORAM : HON’BLE MR.JUSTICE SURYA KANT
1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Vivek Sharma, Advocate for the petitioners
SURYA KANT J. (ORAL)
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CR No.4470 of 2009
2 in favour of defendant No.3, is null and void. The averments in relation thereto are stated to have been already made in the plaint. The amendment application has, however, been dismissed by the trial Court, giving rise to this revision petition.
(SURYA KANT) JUDGE
13.10.2009 shonkar
3 issues framed by the court
Whether an amendment to the plaint under Order 6 Rule 17 CPC is necessary to add a prayer for declaring a sale deed null and void when the original plaint sought specific performance against all defen
Whether the revision petition challenging the dismissal of the amendment application succeeds considering the relief already sought in the unamended plaint?
Whether the trial court erred in dismissing the amendment application given that the pleaded facts included nullity of the subsequent sale?
2 provisions across 2 enactments
Saroj Rani and others
Anil Kumar Sareen and others
SURYA KANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
