- (1.) Leave granted.
(2.) An Agreement to Sell dated 12th October, 2010 was executed between appellant No.1 and respondent Nos. 1 to 5 for the sale of certain properties. Disputes arose between the parties as a result of which a suit for specific performance was filed in the year 2014 by the appellants before us.
(3.) In the written statement that was filed in the said suit, a mention was made of an alleged telegram that was sent by the respondents dated 1st November, 2011, referring to cancellation of the aforesaid agreement on 22nd September, 2011. As a result of this statement, the plaintiff applied to amend the plaint seeking to add that the alleged cancellation was illegal. The trial Court, after hearing both sides, passed an order by which it allowed the amendment in the aforesaid terms: "7. It is necessary to mention here that plaintiff mention in his application that to avoid any technical complication he wanted to carry out present amendment. The ruling cited Supra (Surinder..Vs Kapoorsingh) is totally applicable to case in hand. If present amendment application allowed then no prejudice will be caused to the defendants. As discussed above the question regarding limitation so far as concerned is a mixed question of law and fact. Considering this, for the purpose of determining the real question in controversies between the parties and to adjudicate the matter on merit, application deserves to be allowed. However, in my view filing of this application after framing of issues can be compensated by imposing costs on plaintiffs. Hence, I proceed to pass the following order.";