JUDGMENT

Mr. Amit Rawal, J. (Oral):- The petitioner-plaintiff is aggrieved of the impugned order whereby the application for amendment of the plaint from converting the suit of injunction to specific performance of the agreement to sell dated 04.07.2012 has been dismissed.

2. Mr. Rajesh Lamba, learned counsel appearing on behalf of the petitioner submitted that at the time when the suit for injunction on 13.12.2013 was filed there was no breach at the instance of the defendants. It is only when defendants started raising construction that the cause of action accrued and, therefore, the application under Order 6 Rule 17 CPC dated 20.01.2016 was filed which has been erroneously declined. The objection of maintainability can always be kept open an decided but as per the pleadings as of now the plea of it being beyond limitation would not come into play. The question of adjudication can be kept open for evidence at final stage. The suit was slated for plaintiff’s evidence.

3. Mr. Sudhir Aggarwal, learned counsel appearing on behalf of the respondent submitted that the agreement to sell is dated 04.07.2012 whereas the stipulated date was 30.03.2013. The suit for injunction was filed on 1