- (1.) Defendant No.1 Gurtej Singh has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 28.11.2011 (Annexure P-1) passed by learned Additional Civil Judge (Senior Division), Phul thereby allowing application Annexure P-2 moved by respondents No.1 and 2/plaintiffs for amendment of plaint. Plaintiffs filed suit for specific performance of agreement to sell dated 03.01.2006. By way of amendment, the plaintiffs sought alternative relief of recovery of Rs.24,00,000/- being double the consideration amount. The said amendment has been allowed by the trial Court.
(2.) I have heard learned counsel for the petitioner and perused the case file.
(3.) Learned counsel for the petitioner vehemently contended that claim of the plaintiffs for recovery of the amount is barred by limitation and therefore, could not be allowed. Reliance in support of this contention has been placed on three judgments of Hon'ble Supreme Court i.e. in the case of Pankaja & another versus Yellappa (D) by Lrs and others,2004 3 RCR(Civ); South Konkan Distilleries & another versus Prabhakar Gananan Naik & others, 2008 4 RCR(Civ) 513 and Shiv Gopal Sah @ Shiv Gopal Sahu versus Sita Ram Saraugi and others, 2007 2 RCR(Civ) 679.;