S.S. Sodhi, J. - (1.) The challenge in revision here is to the wholly unsustainable order of the trial Court declining the plaintiff permission to amend his plaint with a view to seek the alternative relief of refund of the sale price paid by him for the purchase of the land in suit.
(2.) The facts relevant to this matter are that on 18th April, 1984, the land in suit was purchased by the plaintiff from respondent Amin Chand for a sum of Rs. 1,65,000/-. Later on 20th December, 1984. Amin Chand suffered a consent decree in favour of his sons whereby a decree was granted holding the sons of Amin Chand to be the owners of the land. Faced with this situation, the plaintiff filed a suit for declaration claiming that he was the owner of the land in suit. It :s in this suit that the plaintiff filed an application for amendment of the plaint to claim the alternative remedy of refund of the sale price.
(3.) There is no doubt a delay of about five years in seeking the amendment prayed for and further that the suit was at the stage of arguments when this application was filed.;