- (1.) Challenge in the present revision petition is to the order dated 04.05.2012 (Annexure P5), whereby the Civil Judge (Jr.Divn.) Jagadhri has allowed the application filed by the plaintiff-respondent, seeking amendment of the plaint from the suit of permanent injunction to the suit for specific performance and rejected the application, filed by the petitioner-defendants under Order 7 Rule 11 CPC.
(2.) Counsel for the petitioners has vehemently submitted that the order is not justified as on the date of filing of the suit, the cause of action for filing application for specific performance was already in place and the last date for executing the agreement was over. Therefore, by allowing the amendment application, a time-barred cause of action has been allowed by the Trial Court. He has placed reliance upon the judgment of the Apex Court in M/s Virgo Industries (Eng.) P. Ltd. Vs. M/s Venturetech Solutions P. Ltd, 2013 1 SCC 625 and the judgments rendered by this Court in Dharam Dev Vs. State of Punjab, 2001 2 RCR(Civ) 496 and Narinder Singh Vs. Assa Singh, 2010 158 PunLR 805. Argument has also been raised that conversion of the suit from permanent injunction into specific performance cannot be allowed as it would change the cause of action altogether. Lastly, the argument raised is that once the Trial Court itself had come to the conclusion that it did not have jurisdiction to entertain the suit for specific performance and sent the same to the District Judge for being assigned to the competent Court, it could not have allowed the application for amendment.
(3.) Counsel for the respondents, on the other hand, has opposed the argument raised by the counsel for the petitioners on the ground that the cause of action took place after filing of the suit for permanent injunction in view of the writ petition pending in this Court and therefore, judgment of the Apex Court rendered in M/s Virgo Industries' case was not applicable and placed reliance upon the judgment of this Court in Kuljit Singh Vs. Sukhdev Singh & others, 2009 3 RCR(Civ) 751 to submit that once amendment was being allowed, the suit for permanent injunction could be converted into suit for specific performance.;