The Court emphasized the importance of allowing amendments to pleadings to ensure a fair opportunity for both parties to present their case and cited relevant case law to support its decision.

Judgment

Mr. Anil Kshetarpal, J.

Through this revision petition, the defendants assail the correctness of the orders passed on 17.05.2016 and 28.03.2017. During the course of arguments, the learned counsel representing the petitioner, upon realizing the law laid down in Gurdial Singh v. Raj Kumar Aneja (2002) 2 SCC 445 has given up challenge to the order dated 17.05.2016. However, he still wishes to press the revision petition while challenging the order dated 28.03.2017.

2. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. The undisputed facts are that late Sh.Baljeet Singh along with his mother, brother and sister had executed an agreement to sell in favour of the respondent (plaintiff)-M/s Elite Realtech Private Limited on 13.04.2010 with respect to the land measuring 4 kanals on receipt of earnest money of Rs.10,50,000/- out of the total sale consideration of Rs.85,00,000/-. In the year 2011, the plaintiff (respondent herein) filed a suit for the grant of decree of permanent injunction restraining the defendant from alienating the property in any manner and for the grant of mandatory injunction directing the defendants to get the land in dispute partitioned amongst its co-sharers and thereafter, get a mutation of the partition recorded in the revenue record.

3. The defendants, while filing the written statement, admitted the execution of the agreement to sell but asserted that the plaintiff is not ready and willing to perform its part of the contract. It was also asserted that the sale deed was to be registered after making the balance payment to the petitioners within a period of six months from the date of the agreement to sell, but the plaintiff has not been taking the necessary steps to execute the sale deed. It was also pleaded that the defendants are ready and willing to execute the sale deed in favour of the plaintiff and they have sent a notice to the plaintiff on 24.12.2000 for performing their part of contract and the prices of the suit land have increased manifold, hence, the defendants are not bound to execute the sale deed.

4. During the pendency of the suit, the plaintiff filed an application for permission to amend the plaint so as to convert it into a suit for possession by way of specific performance of the agreement to sell with the consequential relief of permanent injunction, which was allowed on 31.03.2014. Thereafter, the amended plaint was filed. The defendants filed written statement to the amended plaint. While alleging that the defendants have unauthorizedly added certain paragraphs while filing the reply to the amended plaint, an application was filed by the plaintiff for expunging the unauthorized pleadings. After the receipt of the reply, the application was allowed by the trial Court on 17.05.2016. Thereafter, the defendants (petitioners herein) filed an application for permission to make the following amendments in the written statement:-

“a) That the plaintiff amended the beginning of the plaint of para No. 3 as the plaintiff company and its associates group of companies are reputed developers and colonizers and are in process of setting up of a residential colony in an around village Budhen, Baroli, Kheri Kalan, Kheri Khurd and Bhatela etc of Tehsil & District Faridabad and has acquired more than 1800 Acre of Agriculture land in that process, the defendants approach the plaintiff company and offered to sell their land to the plaintiff company. That in this reply the plaintiff wants to amend the written statement and amend the para no. 3 of the written statement and the amendments may kindly be allowed to be incorporated in the beginning of para no. 3 of written statement as “it is wrong and denied that the plaintiff company has its associates and is a reputed developers and colonizers and in process of setting up of a residential colony Village Budhen etc of Tehsil & District Faridabad. It is further wrong and denied that