Judgment

Mr. Arun Monga, J.

Petition herein is for setting aside order dated 09.08.2017 (Annexure P-4)passed by Ld. Civil Judge (Jr. Division), Sonipat, whereby an application for amendment of the plaint and impleading Smt. Ishwanti wife of Ram Kumar as party, was dismissed.

2. Succinct facts first, as pleaded in the instant petition.

2.1. Petitioner filed a suit for permanent injunction against the respondent/defendant restraining her from alienating the suit land in any form as she had agreed with the petitioner to sell the suit land vide agreement to sell dated 26.08.2013. During pendency of the above said suit, petitioner filed an application for amendment of pleadings in the suit to the effect that permanent injunction suit be converted into suit for specific performance and one Ishwanti be impleaded as party because the defendant-respondent had sold the part of suit land to her. However, vide impugned order the Ld. trial Court dismissed the application of petitioner/plaintiff.

3. Learned counsel for petitioner argues that Ld. trial Court failed to appreciate the fact that trial of the case is yet to start as only the issues have been framed. He relies upon a catena of judgments o