IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 28.04.2026 Harbhajan Dass .......... Petitioner Versus Parkash Kaur and others .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Surinder Thakur, Advocate for the petitioner-defendant No. 1. Mr. Dinesh Nagar, Advocate with Ms. Kamlesh Kumari, Advocate for contesting respondent Nos. 1 & 2-plaintiffs.

****

HARKESH MANUJA, J. (ORAL)

By way of present revision petition, challenge has been laid to an order dated 14.02.2020 passed by the learned Civil Judge (Junior Division), Hoshiarpur-cum-Executing Court, whereby the application filed at the instance of respondent Nos. 1 & 2-plaintiffs under Section 47 read with Section 151 CPC was allowed.

[2] In the present case, based on an agreement to sell dated 21.02.1994 for the land forming part of the revenue estate of Village Bassi Khijjar, Tehsil & District Hoshiarpur falling in Rect. No. 2, Khasra No. 9 (3- 9) and 12/2 (4-9), the respondents-plaintiffs filed a suit for possession by way of specific performance against the petitioner-defendant. The relevant prayer clause from the suit with respect to the details of the property are extracted hereunder:-

“ It is, therefore, prayed that a decree for possession of a plot measuring 18½ marlas (3831 Sq. ft.) out of land measuring 7 kanals 9 marlas contained an Khewat No 14 Khatauni No. 14 Rect. No.2 Kh. No.9(3-9), Kh. No. 12/2(4- 9), situated in Hadbast No. 372, of Bassi Khijjar, Tehsil and district Hoshiarpur, as per entry in the farad jamabandi for the year 2002-2003, fully detailed and described in the head note of the plaint, by way of specific performance of an agreement to sell dated 21-2-1994 by directing the defendants to execute the sale deed of the above said property in favour of the plaintiffs or in the alternative suit for recovery of Rupees 75,000/- (seventy five thousands rupee along with pendent elite and future interest and costs may kindly be passed in favour the plaintiffs and against the defendant Plaintiffs may also be granted any other relief to which they are found entitled under law and equity.”

[3] The above mentioned suit was partly decreed by the learned trial Court vide judgement and decree dated 29.04.2014. Appeal against the same preferred by the petitioner-defendant was dismissed by the Court of learned Additional District Judge, Hoshiarpur vide judgment and decree dated 14.12.2016. The relevant portion from the decree sheet dated 14.12.2016 passed by the learned Additional District Judge, Hoshiarpur is extracted hereunder:-

“ Suit for possession of a plot measuring 18½ marlas (3831 Sq. ft.) out of land measuring 7 kanals 9 marlas contained in Khewat No. 14, Khatauni No.14 Rect. No.2 Kh No.9(3-9), Kh. No. 12/2(4-9) situated in Hadbast No.372, of Bassi Khijjar, Tehsil and District Hoshiarpur and bounded as East: Other owner, West: land of defendant No.1, North: Passage 20 ft., South: Ownership of Kanwar with dimensions East and West: 48’-6", North and South: 79 ft., as per entry in the fard jamabandi for the year 2002-2003 by way of specific performance of an agreement to sell dated 21.02.1994 by directing the defendants to execute the sale deed of the above said property in favour of the plaintiffs or in the alternative suit for recovery of `75,000/- (seventy five thousands rupees)

along with pendent elite and future interest and costs.”

[4] Based thereupon, the respondents/decree-holders filed an execution application. During its pendency, it came to the notice of the respondents/decree-holders that though the total area in the plaint was rightly mentioned to be 7 kanal 9 marla, however, while providing the details of khasra numbers instead of mentioning Rect. No. 2, Khasra No. 9 (3-0) and Khasra No. 12/2 (4-9), it was wrongly mentioned as Rect. No. 2, Khasra No. 9 (3-9) and Khasra No. 12/2 (4-9). Accordingly, an application under Section 152/153 read with Section 151 of CPC was filed for amendment /

correction in the judg