A.N. JINDAL, J - This petition assails the order dated 10.11.2009 (Annexure P/9) passed by the Civil Judge (Sr. Division), Jalandhar accepting the application for amendment of the plaint.

2. The petitioner-defendant No.2 and defendant No.1 (respondent No.2 in this petition) are brothers. Surjit Rai plaintiff-respondent No.1 is the attorney of the defendant No.1 (respondent No.2 in this petition), vide registered power of attorney dated 25.4.2003. On 3.4.2004, the plaintiff had filed a suit for possession by way of specific performance of the agreement to sell dated 28.4.2003. According to him, the defendants had agreed to sell the land measuring 50 marlas in village Sansarpur, Tehsil and District Jalandhar as also SCF No.56, Phase 3B-II, SAS Nagar Mohali for a total sale consideration of `35 lacs, out of which `10 lacs had been paid as an earnest money. There was some dispute between the defendants No.1 and 2 with regard to the property bearing No. SCF No.56, Phase 3B-II, SAS Nagar Mohali and that the same had been resolved vide an agreement dated 27.4.2003. As such, the agreement dated 27.4.2003 was also annexed with the agreement to sell dated 28.4.2003 between the plain