CR No. 1234 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 1234 of 2010(O&M) Decided on : 08-10-2010 Bimla and others ....Petitioners VERSUS Partap Singh ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Rakesh Nehra, Advocate for the petitioners. Mr. Jasbir Singh, Advocate for the respondent MAHESH GROVER, J This revision petition is directed against order dated 21.12.2009 by which the amendment sought by the petitioners has not been allowed. The father of the petitioners no.2 to 4 and husband of petitioner no.1 was arrayed as defendant in the suit for specific performance which the plaintiff-respondent filed seeking enforcement of agreement to sell in his favour. The father of the petitioners no. 2 to 4 who was originally arrayed as defendant had taken a plea while denying the agreement to sell that it was a money transaction. By virtue of the instant amendment, the petitioners who are L.Rs of the deceased defendant want to qualify the plea that their father who was suffering from a terminal illness might have taken the amount from the respondent and this plea is just to qualify the original plea that it was a money transaction and not an agreement to sell. CR No. 1234 of 2010(O&M) 2 After hearing learned counsel for the parties, I am of the opinion that the amendment sought by the petitioners was in conformity with the original pleadings and merely to qualify the plea which has already been taken. The other amendment which has been prayed for is that the respondent-plaintiff was not ready and willing to perform his part of the agreement. Even this amendment has been wrongly disallowed by the Trial Court because this was purely in consonance with the case set up by the respondent and if this plea is incorporated, it will not change the character of the proceedings. Consequently, the impugned order is set aside and the revision petition stands allowed. As a consequence thereof, the petitioners shall be permitted to amend their written statement. October 8, 2010 (Mahesh Grover) rekha Judge