Amendments to pleadings are allowed if they do not alter the nature of the suit and are necessary for effective adjudication, provided they do not cause injustice to the other party.

JUDGMENT

Mr. Sanjay Vashisth, J. (Oral)

Present revision petition has been filed by the plaintiff (petitioner herein), challenging the order dated 08.05.2023 (Annexre P-5) passed by learned Additional Civil Judge (Senior Division), Sonepat, whereby an application under Order VI Rule 17 of the CIVIL PROCEDURE CODE (C.P.C.), for seeking amendment of pleading in the plaint at the instance of plaintiff, has been dismissed.

2. Plaintiff filed a civil suit No.335/2018 against the defendants (respondents herein) praying for a decree of possession by way of specific performance of the contract and also to declare the legal notice dated 01.06.2016 issued by defendants to the plaintiff through Sh. Ashwani Sharma, Advocate, as illegal, null, void, and not binding on the rights of the plaintiff; along with consequential relief of injunction.

Pleaded case of the plaintiff is that vide agreement to sell dated 19.10.2015, defendants entered into an agreement with the plaintiff with regard to the sale of agricultural land measuring 29 Kanals and 1 Marla i.e. 581/872 share of the total land 43 Kanals-12 Marlas comprised in Khewat No. 81, 289, 290, 600 and Khata No.90, 340, 341, 687, Rect. and Killa Nos. 571/23/1 (5-8), 76//3/1(6-4), 57//17/2(7-11), 18/1/2(0-12), 18/2(2-12), 23/2 (2-12), 76//4/1(2-13), 57//24(8-0), 56//14(8-0), situated within the revenue estate of Village Akbarpur Barota, sub Tehsil Rai, District Sonipat, as per Jamabandi for the year 2006-2007 and fard badar No.5 vide mutation No.6586 dated 05.02.2013. In this land, defendant No.1 has 291/872 share, defendants No.2 to 5 are having 179/872 share, defendant No.6 is having 5/872 share, defendant No.7 is having 39/872 share and defendant No.8 & 9 are having 67/872 share respectively.

3. At the time of entering into agreement to sell, the sale consideration is pleaded to be as Rs.1 Crore per acre i.e. totalling to Rs.3,63,12,500/-. On 19.10.2015 i.e. on the same day on which agreement to sell was executed, the defendants received an amount of Rs.36,31,250/- as earnest money from the plaintiff against proper receipt. Out of the said amount, amount of Rs.34,31,250/- was received by the defendants in cash while an amount of Rs.2,00,000/- was received by defendants by way of two separate cheques i.e. cheque No.018565 dated 19.10.2015 issued in the name of defendant Tej Ram and cheque No.018566 dated 19.10.2015 issued in the name of defendant-Puran Singh of Oriental Bank of Commerce. Both the cheques were realized by these defendants. For the specific performance of the contract, defendants were expected to get the revenue record corrected with respect to the number of mutations and were also required to obtain the no objection certificate (NOC) from the competent Authority before 15.04.2016 i.e. the date fixed for the execution of sale deed and its registration in favour of the plaintiff.

4. Plaintiff further pleaded that along with the performance of agreement to sell, there was a prayer for the issuance of a declaratory decree also for declaring the legal notice dated 01.06.2016, issued by defendants to the plaintiff through Sh. Ashwani Sharma, Advocate as illegal, null, void, and not binding on the rights of the plaintiff.

For the purpose of convenience, the prayer made in the suit is reproduced hereunder:

" It is therefore, prayed that a decree for specific performance of the agreement to sell dated 19.10.2015 be passed in favour of the plaintiff and against the defendants by way of directing the defendants to fulfil their part of the terms and conditions of the agreement dated 19.10.2015 and then, to execute and get registered the sale deed in respect of the land under agreement to sell in fa