Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DARSHAN SINGH – Appellant
Versus
NACHATTER SINGH AND OTHERS – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 21.11.2018 (Annexure P-4) passed by the Civil Judge (Junior Division), SAS Nagar, Mohali.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. Learned counsel for the petitioner has submitted that the respondent No.1 to 3 had filed a suit for possession by way of specific performance of the agreement to sell dated 30.03.2015 for executing the sale deed of the suit land in favour of the plaintiffs. It is further submitted that the written statement was filed in which the plea of the petitioner was that the said agreement to sell was forged and fabricated and did not bear the signatures of the petitioner. It is argued that subsequently an application for amendment was filed in which the petitioner wanted to take a preliminary objection to the effect that the petitioner/defendant No.1 had taken a sum of Rs.3,60,000/- as loan from Gurdial Singh and the agreement was signed on 06.05.2015 as security. It is submitted that the said amendment is necessary and thus the same deserves to be allowed and the impugned order deserves to be set aside.
ARGUMEN
Established limits for amending pleadings after trial onset under CPC provisions.
The main legal point established in the judgment is that the amendment of pleadings at an advanced stage of the trial should be carefully considered, especially when it may prejudice the opposing par....
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment. The attempt to change the entire stand from denying the execution of the agreement to admitti....
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
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
