- (1.) Present petition under Article 227 of the Constitution of India for setting aside order dated 11.11.2014, passed by learned Civil Judge (Junior Division), Gurgaon, whereby application filed by the petitioner/plaintiff under Order 6 Rule 17 CPC was dismissed mainly on the ground of limitation.
(2.) As per petitioner, on the basis of agreement of sale dated 12.7.1996, executed by mother of defendants, she agreed for sale of the suit property to the plaintiff. The entire sale consideration was paid by the plaintiff to Smt. Bimla, mother of the defendants as defendants were minor on the date of agreement. Plaintiff has filed civil suit so as to protect its possession over the suit property. Later on, defendants refused to perform their part of agreement on 15.10.2011 and also tried to interfere into possession of suit property of the plaintiff. An application has been filed for amendment of plaint so as to claim the relief of specific performance of agreement and the said prayer was declined by the Court below vide impugned order.
(3.) Respondents contested the application on the ground that there was no privity of contract between the plaintiff and mother of the defendants and she had never entered into alleged agreement of sale dated 12.7.1996. An application for amendment of plaint was not filed within period of limitation.;