Civil Revision No.2332 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Civil Revision No.2332 of 2009 DATE OF DECISION: 19.08.2009 **** Pillu Singh and another . . . . Petitioners VS. Ram Chander . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Mukund Gupta, Advocate with Mr. Ashish Gupta, Advocate for the petitioners Mr. Narinder K. Singla, Advocate with Mr. Sherry K. Singla, Advocate for the respndent **** SURYA KANT J.(ORAL) This Revision Petition is directed against the order dated 18th March, 2009 passed by the learned Civil Judge (Junior Division), Talwandi Sabo, whereby an application under Order 6 Rule 17 CPC moved by the petitioner-defendants for amendment of their written statement, has been dismissed The respondent-plaintiff has filed a suit for specific performance based upon an alleged agreement to sell dated 9th June, 2007. The controversy pertains to a piece of land measuring 8 kanal 0 marla situate within the revenue estate of Village Tarkhanwala, Tehsil Talwandi Sabo, District Bathinda. The petitioner-defendants have already filed a written statement. They moved an application under Order 6 Rule 17 CPC for its amendment, to take an additional plea that the land in Civil Revision No.2332 of 2009 - 2 - dispute has been mortgaged by them in favour of the Cooperative Society/Primary Agriculture Development Bank and this fact was already in the knowledge of the plaintiff. Their above-stated application, however, has been dismissed by the trial Court. After hearing learned counsel for the parties, at some length, I am of the considered view that no interference with the impugned order is called for by this Court. The alleged mortgage of the land in dispute has no bearing on the merits of the suit for specific performance, for the reasons that if he succeeds, the respondent-plaintiff shall get whatever clean or defective title, the petitioners possessed qua the suit land at the time when the agreement to sell was executed. Dismissed. (SURYA KANT) JUDGE 19.08.2009 shonkar