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2019 Supreme(P&H) 2410

AMOL RATTAN SINGH
Kuldeep Singh – Appellant
Versus
Rajinder Singh – Respondent


Advocates Appeared:
Mr. HPS Ghuman, Advocate, for the Appellant; Mr. G.S. Nagra, Advocate, for the Respondent

JUDGMENT

Amol Rattan Singh, J. - By this petition, the petitioner challenges the order dated 28.01.2014 passed by the learned Civil Judge (Junior Division), Nabha, by which that court has allowed the application of the respondent (plaintiff in the suit before that court), filed under Order VI, Rule 17 of the Code of Civil Procedure, (read with section 26 of the Specific Relief Act, 1963), seeking amendment of his plaint.

2. The suit filed by the respondent is one seeking a decree of possession of the suit property by way of specific performance of an agreement of sale stated to have been entered into the parties on 01.03.2007, with the application seeking amendment of the plaint and a part of the agreement, having been filed on 09.12.2011 (copy Annexure P-2 with the petition). A perusal of the said application shows that the amendment sought by the respondent was that in the agreement of sale itself a wrong khasra number had been given (describing the suit land), which as per the application, was due to "an inadvertent view taken by the Patwari while preparing copy of jamabandi for the year 2003".

Thus, it was contended that the khasra number having been wrongly written in the reven

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