- (1.) LEAVE granted.
(2.) HEARD Mr. Patwalia, learned senior counsel in support of this appeal and Mr. Sanchit Guru, learned Counsel appearing for Respondent No. 1.
(3.) THIS appeal seeks to challenge the order dated 1.11.2011 passed by the learned Single Judge of the Punjab and Haryana High Court in Civil Revision No. 6618 of 2011, declining to interfere with the order dated 20.9.2011 passed by the Additional Civil Judge, Senior Division, Samrala. The Appellant filed a suit for specific performance of an agreement to sale. In the plaint, as it has been filed, the date of the agreement has been mentioned as 17.1.2004. It is the case of the Plaintiff -Appellant that the year has been erroneously mentioned in the agreement and, in fact, it is an agreement dated 17.1.2005. The Plaintiff -Appellant moved an application initially to amend the plaint, and in that he sought appropriate correction of the plaint as to the date of agreement from 17.1.2004 to 17.1.2005. That application was rejected. The Appellant did not choose to challenge that order but he moved another application on 1.12.2009 wherein he prayed that an additional declaration be granted. The addition which was sought to be made was as follows: 8. That the applicant/Plaintiff now wants to make the amendment in the plaint as under: i) That the Plaintiff wants to add in the heading and in the prayer clause of the plaint the following relief of declaration: And suit for declaration to the effect that the date of agreement to sell is 17 -1 -2005 instead of 17 -1 -2004 which is liable to be rectified as the mistake occurred due to typographic error and not intentional. ii) That the Plaintiff also wants to write/correct the date as 17 -1 -2005 instead of 17 -1 -2004 in the headnote, body and the prayer clause of the plaint. ;