- (1.) This Revision Petition has been filed by defendant No. 1 whose application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short CPC) for amendment of written statement has been dismissed by Civil Judge (Sr. Divn.), Panchkula vide Order dated 12.11.2009.
(2.) In short, plaintiff-Vijay Kumar filed a suit for possession by way of specific performance for an agreement to sell dated 18/12/2003 directing defendant No. 1-Ashok Kumar Laroia/petitioner and defendant No. 2Parveen Kumar Khosla, who has not been arrayed as respondent in the revision petition, to execute sale deed or transfer plot No. 1361, Sector 26, Panchkula measuring 162 Square Meters (6 Marlas) re-alloted by defendant No. 3 Haryana Urban Development Authority in favour of defendant No. 2, on receipt of balance sale consideration of Rs. 6,09,000/- out of total sale consideration of Rs. 7 lac and also prayed for decree for permanent injunction to restrain defendants No. 1 and 2 not to alienate or transfer the plot in question, in any manner, to anybody else except the plaintiff. Suit was filed on 11.9.2004. Defendant No. 1/petitioner filed his written statement on 2.12.2004. Issues were framed on 2.3.2005 and evidence of the plaintiff started w.e.f. 23.1.2006.
(3.) The petitioner filed an application dated 26.9.2009 (Annexure P6) for the purpose of amendment of written statement in order to include following averments in para No. 1 of the preliminary objection: as the alleged agreement to sell is neither signed by the plaintiff nor any written authorization ever given by the plaintiff. The alleged agreement dated 18.12.2003 entered with answering defendant shows that some other person have signed as purchaser, therefore, the present suit is also hit by the provisions of Benami Transaction Act, hence deserves its dismissal.;