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1998 Supreme(P&H) 452

SWATANTER KUMAR
Kamaljit Singh – Appellant
Versus
Swarn Arora – Respondent


Judgment

Swatanter Kumar, J.

1. The present revision is directed against the order of the learned Civil Judge (Senior Division), Jalandhar dated 13.1.1998 whereby the learned trial court dismissed the application filed by the plaintiff-application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure.

2. The necessary facts are :-

that Amrik Singh deceased filed a suit for specific performance of the agreement dated 22.6.1988, staled to have been executed by one Shri R.S. Arora, on behalf of the defendants. In the plaint, it was averred that Rs. 10,000/- was paid as earnest money and the remaining sale consideration was to be paid in the office of the Sub Registrar at the time of execution of the sale deed. The sale deed was to be executed on or before 30th October, 1988. The plaintiff claimed part performance as possession was given to him on 25lh September, 1988. According to him, he got installed electric meter and also installed water pump etc. on the property in question. The suit was contested by the defendants, who had denied the receipt of the amount and had raised various preliminary objections.

3 During the pendency of the suit, the plaintiff fil





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