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1999 Supreme(P&H) 512

V.S.AGGARWAL
Mange Ram – Appellant
Versus
Parbodh Chand Mittal – Respondent


Judgment

V.S.Aggarwal, J.

1. The present revision petition has been filed by Mange Ram (hereinafter described as the petitioner) directed against the order passed by the learned Civil Judge (Jr. Division), Rohtak, dated 29.8.1998. By virtue of the impugned order, the learned trial Court had allowed the application filed by the petitioner under Order 6, Rule 17, Code of Civil Procedure seeking amendment of the plaint.

2. The relevant facts are that respondent Parbodh Chand Mittal had filed a civil suit for declaration with consequential relief of permanent injunction. It was prayed that by virtue of the agreement dated 11.2.1993, the respondent-plaintiff has become the absolute owner of the property in question and the petitioner be restrained not to interfere in his possession over the plot. During the pendency of the said suit, an application was filed seeking amendment of the plaint. It was asserted that the impugned ground taken by the respondent-plaintiff was that the-petitioner had entered into an agreement of sale pertaining to the land in question and had received the whole sale consideration. He had promised to execute the general power of attorney in favour of the responden



















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