GURDIT SINGH & GURDITA SINGH Vs. NIRMAL RANI @ NIRMALA RANI AND OTHERS
LAWS(P&H)-2011-11-202
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 18,2011

Gurdit Singh And Gurdita Singh Appellant
VERSUS
Nirmal Rani @ Nirmala Rani And Others Respondents

JUDGEMENT

Jaswant Singh, J. - (1.) CM No. 27229 -CII/2011 is allowed. Agreement to sell dated 24.6.2005 is taken on record as Annexure P -5.
(2.) DEFENDANT /petitioner has filed the instant revision petition under Article 227 of the Constitution assailing the order dated 5.9.2011 whereby the application under Order 6 Rule 17 CPC filed by the plaintiffs/respondents for amendment of the plaint has been allowed for converting the suit for permanent injunction by way of specific performance of the agreement to sell dated 24.6.2005. Learned counsel for the petitioner submits that the suit for specific performance was clearly barred as the general power of attorney executed in favour of the respondent/plaintiff alongwith agreement to sell was withdrawn in the year 2007 and the amendment sought is in the year 2011.
(3.) AFTER hearing the learned counsel, I find no ground to interfere with the impugned order.;


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