- (1.) Petitioner Ram Singh has filed this petition under Article 227 of the Constitution of India against respondent Achhara Singh for setting aside the impugned order dated 27.08.2014, passed by the learned Additional Civil Judge (Senior Division), Dhuri, vide which his application for amendment of the written statement has been dismissed.
(2.) Plaintiff-respondent Achhara Singh (hereinreferred as 'the plaintiff') has filed the suit against defendant-petitioner (hereinreferred as 'the defendant') for possession by way of specific performance of agreement to sell dated 17.11.2006 and in the alternative for recovery of Rs.20,00,000/-. The defendant filed application under Order 6 Rule 17 CPC. It is stated in the application that at the time of filing written statement, the fact regarding Civil Suit No.875 dated 30.09.2008 BT No.174 dated 31.07.2009 decided on 13.03.2010 could not be mentioned in the written statement. However, to clear the thing more and for just and proper decision of the case, defendant wants to add para No.2-A in the legal objection of the written statement which is as follows:- "2-A That regarding the same property a civil suit No.875 dated 03.09.2008 BT No.M174 dated 31.07.2009 was filed by Jatinder Singh son of Balwinder Singh, resident of Village Bhalwan against Jarnail Singh and answering defendant Ram Singh in the Court of Civil Judge (Junior Division), Dhuri, which has been decided by the Court of Civil Judge (Junior Division), Dhuri on 13.03.2010 and the said case was taken up in the Lok Adalat, Dhuri on 13.03.2010 and an award dated 13.03.2010 was passed by the Lok Adalat. It is well settled law that the decree/award passed by the Lok Adalat is final and the same cannot be set aside. Therefore, the suit of the plaintiff is liable to be dismissed with costs. Certified copies of plaint, written statement, award dated 13.03.2010, decree sheet dated 13.03.2010, and statements of the parties are attached herewith."
(3.) It is also stated in the application that defendant also wants to add the following lines in the end of para No.12 of the written statement:- "Above all, regarding the same property a civil suit No.875 dated 03.09.2008, BT No.174 dated 31.07.2009 was filed by Jatinder Singh son of Balwinder Singh, resident of Village Bhalwan against Jarnail Singh and aswering defendant Ram Singh in the Court of Civil Judge (Junior Division), Dhuri, which has been decided by the Court of Civil Judge (Junior Division), Dhuri on 13.03.2010 and the said case was taken up in the Lok Adalat, Dhuri on 13.03.2010 and an award dated 13.03.2010 was passed by the Lok Adalat. It is well settled law that the decree/award passed by the Lok Adalat is final and the same cannot be set aside.";