Kulwant Kaur and others vs Harbhajan Singh

Vinod K. Sharma, J. (Oral)

The present petition has been filed against the order passed by the learned Civil Judge (Senior Division), Patiala allowing the amendment of the plaint. The suit for specific performance has been filed on the basis of an agreement to sell dated 5.7.2001 executed by Karnail Singh since died. The plaintiffrespondent had gone to the Tehsil to mark his presence on 24.7.2002 to show his willingness to perform his part in the agreement to sell. It was mentioned that the plaintiff had approached Karnail Singh for execution of the saledeed but he refused to do so. However, in the written statement it was disclosed that Karnail Singh has in fact died on 12.6.2002 and accordingly, the respondentplaintiff sought amendment of the plaint to bring out the true facts. The said application has been allowed by holding that on the death of Karnail Singh his legal heirs are bound to get the saledeed executed. It has also been observed that as the legal heirs have not approached the Tehsildar for execution of the saledeed, the present suit was filed. The learned Court below came to the conclusion that the amendment sought would not change in any way the nature of the case or take away any right which may have accrued to the defendant. As the amendment sought is necessary for proper adjudication of the case. There is no illegality committed by the learned Court below in exercise of jurisdiction vested in it in allowing the amendment which may call for interference by this Court.

Dismissed.