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1998 Supreme(P&H) 1115

G.C.GARG
Karnail Singh – Appellant
Versus
Sampuran Kaur – Respondent


Judgment

G.C.Garg, J.

1. This revision is directed against the order dated 8.4.1992 of the trial Court whereby application moved by the plaintiff, under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the plaint, was dismissed.

2. Plaintiff-petitioner filed a suit for specific performance of agreement. The suit was resisted by controverting the allegations made by the plaintiff. Competence of defendant 2 to execute agreement to sell in favour of the plaintiff on behalf of defendant 1 was denied. Parties to the suit thereafter led evidence in support of their respective pleadings. The suit was at the rebuttal evidence stage when the plaintiff moved the present application seeking amendment of the plaint in order to make an averment that he was always ready and willing to perform his part of the contract and had sufficient money to tender the same to the defendants. This application, as noticed, was dismissed by the order under revision.

3. Learned counsel for the petitioner submitted that the petitioner had already averred in the plaint that he requested defendants 1 and 2 to execute the sale deed but they put off the matter on one pretext or the other. Learned co


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