AZADBIR Vs. SHALIMAR TOWN PLANNERS

JUDGEMENT

(1.) Challenge in this petition is to the order dated 24.07.2012 (Annexure P1) passed by the Civil Judge (Junior Division), Faridabad, whereby application filed by the plaintiff-respondent under Order 6, Rule 17 Code of Civil Procedure seeking amendment of plaint has been allowed.

(2.) M/s Shalimar Town Planners-plaintiff (respondent herein) filed a suit against the defendants-petitioners on 25.03.2007, alleging that the defendants had entered into an agreement to sell with regard to the suit property measuring 8 Kanals situated in the revenue estate of village Bhatola, for a total sale consideration of Rs. 1,10,00,000.00. The defendants petitioners had received a sum of Rs.14,10,000.00 as advance in cash. Thereafter, defendant No.2 received further payment of Rs.13,00,000.00 through a cheque drawn at Citi Bank. After receiving Rs. 27,10,000.00 as advance, the agreement and receipt were executed by the defendants in favour of plaintiff-respondent. The date of registration of sale deed was tentatively fixed as six months, subject to sanctioning of mutation after getting the suit land partitioned amongst its co-sharers. However, the defendants made attempts to wriggle out from the agreement dated 25.03.2007 by alienating the suit land to some other builder of the area. Upon notice, defendants-petitioners filed written statement on 25.03.2009 stating that the agreement stood cancelled and the earnest money stood forfeited.

(3.) Since the defendants-petitioners had taken a specific plea that the agreement stood cancelled and the earnest money stood forfeited, the plaintiff-respondent filed an application under Order 6, Rule 17 Code of Civil Procedure (Annexure P-5) seeking amendment of plaint by treating it as "Suit for possession by way of specific performance with consequential relief of permanent injunction.". Vide aforesaid application para Nos.7, 8, 9, 11 and 13 of the plaint were sought to be amended by inserting new paras to the following extent:-