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2022 Supreme(P&H) 808

ALKA SARIN
Harish Chander Alias Harish Bouri – Appellant
Versus
Rajesh Malhotra – Respondent


Advocates:
Mr. M.S.Sachdeva, Advocate, for the Appellant; Mr. Vaibhav Sehgal, Advocate, for the Respondent.

JUDGMENT

Alka Sarin, J. - The present civil revision under Article 227 of the Constitution of India has been filed challenging the order dated 16.10.2018 (Annexure P-1) whereby an application filed by the defendant-petitioners under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') for amendment of the plaint has been dismissed. The petitioners are defendant Nos.1, 3, 4, 6, 7 and 8 before the Trial Court.

2. Brief facts relevant to the present lisare that the plaintiff- respondent No.1 filed a suit for possession by way of specific performance of the agreement to sell dated 06.10.2006 in respect of property bearing No.B-II- 1457 measuring approximately 200 sq. yards situated at Deepak Cinema Road, Ludhiana as well as for mandatory injunction and permanent injunction. The defendants filed a written statement dated 10.09.2014 wherein the execution of the agreement to sell was denied and it was stated in para 9 of the preliminary objections, as well as in the written statement on merits, that the alleged agreement to sell was a false, bogus and fabricated piece of document and the same did not bear the signatures of the defendants. The said written

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