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H. S. MADAAN
Dharambir – Appellant
Versus
Pawan Kumar – Respondent
JUDGMENT
H.S. Madaan, J. (Oral) - Briefly stated, facts of the case are that plaintiff Pawan Kumar had filed a suit against Parshuram @ Parse (since dead represented through his LRs) as well as Dharambir, Jasbir, Agnivesh and Sanjay, all sons of Ishwar Singh, residents of village Luksar, Tehsil Bahadurgarh, District Jhajjar, seeking specific performance of agreement to sell dated 28.3.2019 with a consequential relief of declaration.
2. On getting notice, the defendants appeared and filed written statements contesting the suit. The following issues were framed:
1. Whether the defendant no.1 had entered into an agreement to sell with the plaintiff on 28.3.2009 to sell 4 kanals of land for a consideration of Rs.14,50,000/- and received a part of consideration amounting to Rs.2,00,000/- as alleged? OPP.
2. Whether the plaintiff had already been ready and willing to perform his part of contract as per agreement dated 28.3.09 and is still ready and willing to do so? OPP.
3. Whether the sale deed no.470 dated 24.4.2009 executed by defendant no.1 in favour of defendants no.2 & 5 is illegal, null and void and not binding upon the rights of the plaintiff? OPP.
4. Whether the plaintiff has no cause
The law of amendment is liberal, and the Court has the discretion to allow an amendment if it serves the ultimate cause of justice and avoids further litigation.
Under the Specific Relief Act, 1963, the plaintiff is entitled to seek alternative/additional relief.
The court affirmed that amendments to pleadings should be liberally granted to serve justice, particularly when the cause of action arises from recent developments, like the dismissal of a related ci....
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