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2021 Supreme(P&H) 1330

ANIL KSHETARPAL
Jaydeep Kaur – Appellant
Versus
Gurmail Singh – Respondent


Advocates Appeared:
Mr. Prateek Mahajan, Advocate, for the Appellant, Mr. Jatinder Singla, Advocate, for the Respondent.

ORDER

Anil Kshetarpal, J (Oral). - The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. Through this revision petition, the correctness of an order passed by the Civil Judge (Sr. Division), Sangrur, on 22.03.2021, while dismissing the application under Order 6 Rule 17 read with Order 8 Rule 6-A CPC for permission to amend the written statement in order to add the counter claim has been assailed.

3. Some facts are required to be noticed.

4. Gurmail Singh, Daljit Singh and Harmeet Singh filed a suit for specific performance of the agreement to sell with respect to Vi share of land measuring 191 Bighas and 6 Biswas. The plaintiffs claim that Sh. Gopal Inder Singh had entered into an agreement to sell on receipt of earnest money of Rs.4,00,000/-against the total sale consideration of Rs.17,00,000/-with them on 21.04.1995. The plaintiffs have further claimed that as per the agreement, further payment of Rs.7,00,000/- was paid on 30.05.1995,whereas the payment of Rs.6,20,000/- was paid on 11.08.1996. The plaintiffs claim that they are already in possession of the entire property as tenants.

5. Sh. Gopal Inder Singh died before the

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