Bakshish Kaur, J. - (1.) Challenge in this revision is to the impugned order whereby the petitioner's prayer to amend the plaint under Order 6 Rule 17 of the Code of Civil Procedure (in short 'the Code') has been dismissed.
(2.) I have heard Sh. Gurcharan Dass, learned counsel for the petitioner. This revision can be disposed of without issuing notice of motion to the other side.
(3.) The plaintiff (now petitioner) brought a suit for possession through specific performance of the agreement dated 24th October, 1996. The suit was instituted on 14th February, 1997. It is averred that during the pendency of the suit, Avtar Singh defendant had sold the property in dispute in favour of Surinder Singh, Jaswant Singh and Jaswant Kaur vide registered sale deed dated 14th January, 1999. In the wake of the sale having been effected in favour of these persons, the plaintiff wanted to amend the plaint to the following effect: - "That para No. 3 -A of the plaint shall be added: - That the defendant No. 1 during the pendency of the suit, had alienated the suit property in favour of other defendants on 14th January, 1999 and had transferred its possession to them, this sale deed is illegal, null and void and does not effect the rights of the plaintiff in the suit property in addition to it. It is hit by principle of lis pendens. As the suit for possession therefore, the defendant Nos. 2 to 5 have become necessary party as they are being arrayed as defendant Nos. 2 to 5.";