Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 23.11.2009, Annexure P4, passed by learned Civil Judge, Senior Division, Fatehabad, vide which application filed by Respondent No. 1 -Plaintiff for amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure (hereinafter to be referred as 'the Code') at the stage of arguments was allowed.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court. Facts relevant for the decision of present revision petition are that Respondent No. 1 -Plaintiff filed a suit against present Petitioner Defendant No. 1 and Respondents -Defendants No. 2 and 3 for a decree for permanent injunction restraining them from alienating the suit property to anybody else on the ground that they entered into an agreement to sell the property in dispute in his favour on 22.8.2004. Suit was contested by Petitioner -Defendant No. 1 by taking a specific plea that no such agreement to sell was executed by him in favour of Respondent -Plaintiff. The alleged agreement is dated 22.8.2004 and the suit was filed on 22.3.2007. Written statement was filed by present Petitioner -Defendant on 12.6.2007. Issues were framed. Both the parties adduced evidence. Case was fixed for rebuttal and arguments by learned trial Court when the present application for amendment of the plaint was filed on 16.11.2009.
(3.) THE application for amendment was contested by Petitioner Defendant No. 1. However, learned trial Court allowed the same vide impugned order by placing reliance upon a judgment passed by a coordinate Bench of this Court in Kuljit Singh v. Sukhdev Singh and Ors., 2009(3) RCR (Civil) 751 by observing as under: 6. In view of observations made in Kuljit Singh v. Sukhdev singh (supra) the Plaintiff is entitled for amendment of plaint under Order VI Rule 17 CPC. Since the case is at the stage of rebuttal evidence, the amendment sought by the Plaintiff shall give rise to the suit for de novo trial. Thus, this application is allowed subject to costs of Rs. 2,000/ - to be deposited by the Plaintiff in District Legal Services Authority, Fatehabad.;