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K.KANNAN
Pritpal Singh – Appellant
Versus
Harmesh Kumar – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Sanjiv Gupta, Advocate.

JUDGMENT (ORAL)

K. Kannan, J.—The revision petition is against the order dismissing an application filed by the defendant to recall the order for cancellation of the amended plaint being taken on record. The unusual prayer was under the following circumstances.

2. The plaintiff had filed a suit for injunction and during the pendency of suit the plaintiff had sought for bringing an amendment to his plaint for the relief of specific performance. While asking for the amendment, the plaintiff had not set forth the details of amendment which he proposes to bring by specifically setting out the amended pleadings that would be in place, if the petition were to be allowed. The Court allowed the application for amendment to bring a relief of specific performance in suit. It was at that time that the plaintiff presented an amended plaint introducing several new paragraphs in the entire body of plaint to make it compatible with the relief of specific performance which he was permitted to bring by the amendment. The objection taken by the defendant through an independent application was that the plaintiff had breached the mandate of the High Court Amendment of Order 6 Rule 17 which specificall









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