CMPMO 53 of 2009 10.4.2009 Present: Shri Ajay Sharma, Advocate, for the petitioners. Ms.Ruma Kaushik, Addl. A.G. for respondents No. 1 & 2. Shri Sanjay Jaswal, Advocate, for respondent No.3. The petitioners herein have moved an application under Order 6 Rule 17 of the Code of Civil Procedure praying for permission to amend the plaint which has been instituted by them in the trial Court. The amendment sought was “4a:- That the applicant/appellant/plaintiff has purchased the suit land i.e. Abadhi land from ne Som Raj son of Bulla Ram, for a consideration of Rs. 6,000/- by way of sale deed, which was duly executed and registered by the Sub Registrar, Nurpur vide document No. 495 dated 10.5.1989 after verifying the revenue record. The Seller was the ostensible owner of such propertyk, as per records existing at the time of purchase and transfer the same to the applicant/appellant/plaintiff after taking reasonable care to ascertain that the transferrer have powers to make the transfer, has acted in good faith, purchased the same with valid considerations without any prior notice, after proper enquiry and as per the revenue records, as bonafide purchaser.” The learned trial Court has dismissed the application merely on the ground that the controversy between the parties has already been adjudicated upon and that ground put forth that the amendment sought was left out inadvertently cannot be accepted. Without going into the merits of the amendment which is sought, a direction is issued that:- (a) no evidence shall be allowed to be led on this pleading which has been raised by the petitioner-plaintiff herein; (b) in case this ground is made out from the evidence and pleadings on record it shall be determined by the trial Court in accordance with law. Petition stands disposed of. No order as to costs. -2- CMP No. 35 of 2009 Disposed of as infructuous. April 10, 2009 (Dev Darshan Sud) (ms) Judge.