Back
HARSIMRAN SINGH SETHI
Raj Kumar – Appellant
Versus
Parveen Kumar – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
In the present civil revision petition, the challenge is to the order dated 20.12.2022 passed by the Civil Judge (Jr. Division), Gurugram by which, the application of the petitioner-plaintiff for the amendment of the plaint has been declined.
2. Certain facts needs to be mentioned here for the correct appreciation of the issue in hand.
3. Petitioner-plaintiff claimed that there was an agreement to sell between respondent/defendant No.1 and the plaintiff dated 19.02.2014 for selling the land measuring 2 Bighas, 12 Biswa and 3 Biswansi for an amount of Rs.50 lacs, out of which, Rs.30 lacs was paid to respondent No.1 as the earnest money. As per the plaint, the agreement to sell dated 19.02.2014 was to be converted into the sale deed within a period of one year of signing of the agreement to sell i.e by 19.02.2015.
4. According to the petitioner-plaintiff, three months after the execution of the agreement to sell in question i.e. on 09.05.2014, respondent No.1 executed a release deed No.3136 dated 09.05.2014 in favour of his wife and children i.e respondents No. 2 to 4 qua the same property. Realizing that respondent No.1 has resiled from the a
The court determined that applications under Order VII Rule 11 must allow parties to present evidence at trial, as disputed factual matters cannot be resolved at this stage.
An amendment changing the nature of a suit from recovery of money to specific performance is impermissible when the responding party has previously sought a refund, indicating they were not ready to ....
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.
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....
Limitation for filing a suit for specific performance commences after one month from the execution of the release deed, not from the date of the original agreement.
The accrual of cause of action and the applicability of limitation in specific performance suits should be considered based on the averment of plaint and documents referred therein as a whole, and th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
