- (1.) Plaintiffs have filed this revision under Article 227 of the Constitution of India impugning order dated 23.9.2009 passed by learned Additional Civil Judge (Senior Division), Nabha thereby allowing application Annexure P/1 moved by respondents (LRs of original defendant Hardev Singh since deceased) for amendment of their written statement.
(2.) Plaintiffs have filed suit for specific performance of agreement to sell dated 24.11.2000 allegedly executed by Hardev Singh defendant. LRs of defendant denied the execution of the said agreement by the defendant. By way of amendment of written statement, respondents want to plead that the suit land was ancestral coparcenary property of the defendant and could not be sold without consideration and legal necessity and there was no legal necessity to sell the same. It was also sought to be pleaded that impugned agreement was result of fraud and mis-representation and is without consideration and that impugned agreement is unreasonable and unconscionable and the plaintiffs are Commission Agents through whom the defendant had been selling his produce and reposed confidence in them. Some other pleas were also sought to be taken.
(3.) Plaintiffs opposed the amendment application alleging that the same has been moved to delay disposal of the suit. Respondents failed to conclude their evidence inspite of sufficient opportunities. The proposed amendments were also in the knowledge of the respondents, even at the time of filing of original written statement.;