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2022 Supreme(HP) 396

VIVEK SINGH THAKUR
Gaurav Kakkar S/o. Sh. Jitender Kumar Kakkar – Appellant
Versus
Arun Bansal S/o. Sh. A. L. Bansal – Respondent


Advocates Appeared:
For the Petitioner: Sh. Sudhir Thakur, Sr. Adv. with Mr. Karun Negi, Mr. Ankush Verma.
For the Respondents: Sh. K.D. Sood, Sr. Adv. with Mr. Mukul Sood, Mr. Jivesh Sharma.

ORDER :

Petitioners-defendants, by way of present petition, have assailed impugned order dated 11.12.2019 passed by learned Senior Civil Judge Kasauli, whereby application filed by respondent No.1-plaintiff, under Order 6 Rule 17 C.P.C, seeking amendment of the plaint for adding alternative prayer in the head note and prayer clause of the plaint, has been allowed.

2. Parties herein, for convenience, shall be referred here-in-after as plaintiff and defendants, according to their status in the Civil Suit. Respondent No.1 is plaintiff, whereas petitioners are contesting defendants No. 1 and 2 and respondent No.2 is proforma defendant.

3. Plaintiff, being purchaser in a sale agreement executed between him and defendants No. 1 and 2, has filed a Civil Suit for Specific Performance of the contract and for Mandatory Injunction and Possession.

4. As per agreement to sell dated 1.7.2011, executed between the contesting parties, as recorded in clause 8 of this agreement, in case seller backs out from the bargain and fails to complete all terms and conditions of the agreement, then seller shall be liable for prosecution and shall also be liable to refund to the said purchaser three times of the a

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