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2018 Supreme(P&H) 1716

AMOL RATTAN SINGH
Parvinder Singh @ Pinda – Appellant
Versus
Didar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Surjit Singh Salar, Advocate

JUDGMENT :

AMOL RATTAN SINGH, J.

By this petition, the petitioners challenge the order dated 22.05.2018 (copy Annexure P-6) passed by the learned Civil Judge (Senior Division), Nabha, allowing the application moved under Order 6 Rule 17 CPC by the respondent-plaintiff, seeking amendment of his suit. In the application, it was alleged that a counsel had been engaged by the plaintiff to file a suit seeking specific performance of an agreement dated 25.02.2011, but instead of doing that the Advocate “inadvertently filed a suit seeking permanent injunction against the petitioners-defendants” and the plaintiff not being conversant with either English or 'legal language', signed the plaint and power of attorney in favour of the said counsel (Smt. Anjana Guliany, Advocate), in good faith.

Subsequently, another counsel (Shri Arun Chopra) is stated to have appeared in the suit filed on behalf of the plaintiff on 30.03.2016 (the civil suit having been instituted on 24.11.2015) and upon examining the case file, he informed the plaintiff that the suit was not one seeking specific performance of the agreement and consequently, as per the plaintiff, it had become necessary to amend the plaint by “i
































































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