JUDGEMENT
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(1.) Plaintiff Sarwan Singh has filed the instant revision petition under
Article 227 of the Constitution of India impugning order dated 16.07.2011
(Annexure P-3) passed by Civil Judge (Junior Division), Kharar, thereby
dismissing application (Annexure P-2) moved by plaintiff-petitioner for
amendment of plaint Annexure P-1.
(2.) The plaintiff in the original plaint has alleged that he sold the suit
land to defendant for Rs.3,50,000/- vide sale deed dated 12.08.2002 and the
defendant paid the sale consideration through cheque dated 12.08.2002 which
was, however, dishonored on presentation in the Bank. The plaintiff made
request to the defendant to pay the sale consideration but the defendant filed to
do so. The plaintiff sought permanent injunction restraining defendant from
alienating the suit land.
(3.) By way of amendment, the plaintiff wants to seek declaration that
sale deed dated 12.08.2002 is illegal and null and void being result of fraud
and without consideration with consequential relief of possession and also
injunction as sought in the original plaint. The said application has been
dismissed by the trial Court vide order Annexure P-3 which is under challenge
in this revision petition.;
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