- (1.) Civil Misc. No. 17124-CII of 2014: Civil miscellaneous application is allowed subject to all just exceptions. Documents annexed with the application are taken on record. Civil Revision No. 4757 of 2014: Navtej Singh-petitioner has filed this civil revision petition against respondents Darbara Singh etc. under Article 227 of the Constitution of India for setting aside the impugned order dated 27.5.2014 (Annexure-P. 5) passed by the Additional Civil Judge (Senior Division), Abohar, whereby the application filed for rectification of instrument/agreement to sell dated 4.3.2006 and for amendment of the plaint in view of Section 26 of the Specific Relief Act has been dismissed. It is mainly stated in the petition that the respondents agreed to sell their agricultural land measuring 35 Acres 3 Kanals situated in the area of Village Shere Wala for a total consideration of Rs. 1,76,66,666/- and the respondents received a sum of Rs. 20 Lacs as earnest money. When the respondents failed to execute the sale deed in terms of the agreement to sell, the suit was filed and that suit was decreed ex parte. Later on, the ex parte decree was set aside and the respondents were allowed to file written statement. In the written statement, the respondents have not denied the execution of the agreement in question and further they have also not denied the receipt of Rs. 20 Lacs as earnest money. After filing the written statement, issues were framed and the petitioner was permitted to lead his evidence. Later on the petitioner came to know that in the agreement to sell dated 4.3.2006 the correct Khasra numbers and their measurement was not mentioned. The petitioner further came to know that even some of the Khasra numbers mentioned in the agreement to sell do not belong to the respondents. When the petitioner came to know regarding the aforesaid facts, he moved an application before the learned trial Court for rectification of instrument/agreement to sell and for amendment of plaint in view of Section 26 of the Specific Relief Act.
(2.) Notice of motion in this petition was issued to the respondents. Mr. R.K. Singla, Advocate put in appearance on behalf of the respondents and contested this civil revision.
(3.) I have heard learned counsel for the parties and have gone through the record.;