Punjab-Haryana High Court
Paramjit Kaur vs Harjeet Kaur on 12 September, 2014
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
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Civil Revision No.6348 of 2013
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Date of decision:12.9.2014
Paramjit Kaur
.....Petitioner
v.
Harjeet Kaur and another
.....Respondents
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Coram : Hon'ble Mr. Justice Inderjit Singh
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Present: Mr. Vishal Goel, Advocate for Mr. J.S. Thind, Advocate for
the petitioner.
None for the respondents.
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Inderjit Singh, J.
Paramjit Kaur-petitioner/defendant has filed this civil revision petition against Harjeet Kaur etc.-respondents/plaintiff under Article 227 of the Constitution of India for setting aside the impugned order dated 11.9.2013 (Annexure-P.14) passed by learned Civil Judge (Senior Division), S.A.S. Nagar (Mohali), vide which the application filed by respondent No.1 for amendment of the plaint has been allowed.
Notice of motion was issued in this case. Mr. Pushpinder Singh, Advocate appeared on behalf of the respondent on 27.11.2013, but later on he absented from the proceedings.
I have heard learned counsel for the petitioner and have gone HARPAL SINGH PARMAR 2014.09.26 14:53 I attest to the accuracy and authenticity of this document Chandigarh C. R. No.6348 of 2013 [2] through the record and also the impugned order which has been placed on the record as Annexure-P.14.
In this case, the plaintiff has filed an application for amendment of the plaint stating that she has filed a suit for permanent injunction restraining the defendant from alienating the suit property to any person in any manner except the plaintiff by virtue of agreement dated 20.8.2004. In that suit, the plaintiff has pleaded that she intends to file a suit for specific performance regarding agreement in question, but the said suit is on different cause of action and has the limitation and, therefore, she has reserved her right for filing the suit and the present application was filed to include the relief of specific performance in pending suit instead of filing a separate suit. As per the impugned order, the suit was at initial stage at that time. Only written statement by defendant No.1 was filed and in the case issues have not been framed.
Therefore, from the record, it is clear that the trial has not commenced. It is no where the case of the present petitioner that the suit for specific performance has now become time barred. Before the commencement of trial, the plaint can be amended by the plaintiff to change the suit from permanent injunction to suit for specific performance if the plaintiff had the right at that time to file a separate suit for specific performance. Otherwise also, the suit for permanent injunction was also based on agreement to sell and the plaintiff has already mentioned in the plaint that she intends to file suit for specific performance. Now, she has filed an application for amending the plaint of permanent injunction by HARPAL SINGH PARMAR 2014.09.26 14:53 I attest to the accuracy and authenticity of this document Chandigarh C. R. No.6348 of 2013 [3] adding the relief of specific performance which amendment has been allowed by the learned Civil Judge (Senior Division), S.A.S. Nagar (Mohali) vide impugned order dated 11.9.2013. The impugned order passed by the learned Civil Judge (Senior Division), S.A.S. Nagar (Mohali) is correct and as per law which does not require any interference from this Court and the same is upheld.
Therefore, finding no merit in the present civil revision petition, the same is dismissed.
September 12, 2014. (Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2014.09.26 14:53 I attest to the accuracy and authenticity of this document Chandigarh