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1985 Supreme(P&H) 294

S.S.KANG
Tarsem Singh – Appellant
Versus
Daljit Kaur – Respondent


Judgment

S.S.Kang, J.

1. This revision petition is directed against the order, dated 15th November, 1984, of the learned Subordinate Judge, First Class, Jullundur, whereby he has rejected an application under Order 6 Rule 17, Civil Procedure Code, made by the petitioner. It has been filed in the following circumstances.

2. Tarsem Singh and his brothers filed a suit for the recovery of Rs. 20,000/- being an earnest money and damages fro the non-performance of the agreement for sale. The suit was contested by the defendants. The plaintiffs filed an application for amendment of the plaint and the same was allowed. They were permitted to plead two additional facts, namely, that defendant No. 2 had cancelled the power of attorney of defendant No. 1 and defendant No. 2 had gifted his land in favour of the grandson of defendant No.1. The plaintiffs filed another application seeking amendment to the plaint. They wanted to add that the plaintiffs and defendant No. 3 were always ready and willing to perform their part of the contract and were still ready and willing to perform that part, and that the transfer of land by defendant No. 2 in favour of defendant No. 4 was illegal and was hit by t





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