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2016 Supreme(P&H) 2947

DARSHAN SINGH
Rajeev Sharma – Appellant
Versus
Vivek Prints – Respondent


JUDGMENT :

Darshan Singh, J.

The present revision petition has been preferred by the petitioners-defendants against the order dated 10.09.2015, passed by the learned Civil Judge (Jr. Division), Amritsar, vide which the application for recalling the order dated 07.10.2014 has been dismissed and for setting aside the order dated 07.10.2014, vide which the clubbed application under Order 1, Rule 10 and 6 Rule 17 read with Section 151 Code of Civil Procedure, 1908 (for short 'CPC') has been allowed.

2. Learned counsel for the petitioner contended that the amendment sought in the suit qua Jaswant Rai Sharma was barred by limitation. He could not have been added as a party to the suit nor the amendment sought by the plaintiff in the plaint should have been allowed. He further contended that even the amendments allowed by the learned trial Court have not been carried out in the amended plaint filed in the trial Court. The learned trial Court has also wrongly dismissed the application moved by the petitioner to recall the order dated 07.10.2014. He contended that the fact that the sale deed has been executed by Jaswant Rai Sharma was already in the knowledge of the plaintiffs, which could not






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