CR No.6762 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6762 of 2011 (O&M) Date of decision: 7.11.2011 Surinder Singh ....Petitioner Versus M/s Shalimar Land Projects Ltd. and another ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Manjit Singh, Advocate for the petitioner ***** Jitendra Chauhan, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 26.9.2011 (Annexure P-1) passed by learned Additional Civil Judge (Senior Division), Dera Bassi, vide which an additional issue was framed. Learned counsel for the petitioners submits that the respondents-plaintiffs filed a suit for specific performance of agreement to sell dated 18.11.1999 and 6.1.2000. After filing of the replication, issues were framed vide order dated 24.12.2002 by the learned trial court and it further observed that no other issue was pressed or claimed by any of the parties. He further contends that neither any application has been moved by the plaintiffs nor the petitioners were heard before framing the additional issue. Now the matter is fixed for rebuttal evidence. I have heard learned counsel for petitioners and perused the CR No.6762 of 2011 (O&M) 2 case file carefully. From the perusal of the case file, it emerges that inadvertently, additional issue No.1-A was not framed on 24.12.2002 and defendants have taken a specific plea that it is the plaintiffs, who were not ready and willing to perform their part of the agreement. The learned trial court further observed that issue regarding readiness and willingness is one of the effective issues in the present suit, which controversy is required to be adjudicated. Further the plaintiffs-respondents intend to lead evidence on this additional issue. In view of the fact situation, no interference is warranted in the findings recorded by the learned trial Court. As such, the present revision petition being devoid of any merit is dismissed in limine. 7.11.2011 (JITENDRA CHAUHAN) gsv JUDGE