Mr. Raj Mohan Singh, J. (Oral):- Petitioner has preferred this revision petition against the order dated 23.01.2015 passed by the Addl. District Judge, Gurgaon (now Gurugram), vide which amendment of plaint at the appellate stage was dismissed.

2. Plaintiff/petitioner filed a suit for specific performance of agreement to sell dated 01.04.2005. Trial Court decreed the suit for alternative relief of refund of money vide judgment and decree dated 23.12.2013. Feeling aggrieved against the said judgment and decree, the plaintiff/appellant filed first appeal before the lower Appellate Court.

3. It is relevant to mention here that the Hon’ble Apex Court decided the case titled I.S. Sikandar (D) By LRs. vs. K. Subramani and others, 2014(1) R.C.R. (Civil) 236 vide judgment dated 29.08.2013, wherein it was decided that notice of cancellation of agreement to sell is to be challenged by the plaintiff in the suit itself.

4. The suit was decided on 23.12.2013 by the trial Court and appeal was filed on 17.01.2014. The application for amendment of plaint at belated stage came to be filed on 11.11.2014. The application for amendment has been declined by the lower Appellate Court on the prem