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2015 Supreme(P&H) 296

RAJESH BINDAL
Sharwan Kumar Mittal – Appellant
Versus
Vibha Goel – Respondent


Advocates:
For the Petitioner:Mr. R.K. Gupta, Advocate.
For the Respondent Nos. 1 & 2:Mr. Tribhawan Singla, Advocate.

JUDGMENT

Mr. Rajesh Bindal, J.: - The plaintiff is before this Court impugning the order dated 4.9.2014 passed by the learned Court below, whereby the application filed for amendment of the plaint was dismissed.

2. The proceedings arise out of a suit filed by the plaintiff for specific performance of agreement to sell dated 12.8.2009. It is claimed that the suit was filed by the plaintiff as talks of compromise failed.

3. Learned counsel for the petitioner-vendee submitted that respondent nos. 1 and 2/ vendors agreed to sell House No. 1240, Urban Estate, Jind, vide agreement dated 12.8.2009 to the petitioner-vendee for a total sale consideration of Rs. 50,25,000/-. Earnest money of Rs. 2,00,000/- was paid. Sale deed was to be executed on or before 1.12.2009. The vendors having not got the sale-deed executed on or before the date fixed, the suit for possession by way of specific performance of agreement to sell was filed on 1.11.2010. During the pendency of the suit, an application for amendment of the plaint was filed seeking to challenge the communication dated 28.12.2009 addressed by the vendors to the vendee cancelling the agreement. It was required on account of judgment of Hon’

























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