IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 1307 of 2010 (O&M) Date of Decision: 25.2.2010 Satnam Singh and another ....Petitioners Versus Balwinder Kaur and others ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Ms. Poonam Verma, Advocate for the petitioners. RAJESH BINDAL, J Challenge in the present petition is to the order dated 7.1.2010 passed by the learned Court below whereby the application filed by the petitioners/plaintiffs for amendment of the plaint was dismissed. Briefly the facts are that the petitioners filed a suit for possession by way of specific performance of agreement to sell dated January 18, 2005 in terms of which the sale deed was to be registered on June 5, 2005. Respondents/defendants having failed to get the sale deed registered, the petitioners/plaintiffs filed a suit for possession on June 8, 2005. It is during the pendency of the aforesaid suit that an application was filed for amendment of the suit seeking to challenge another agreement to sell dated January 4, 2005 executed by the respondents/defendants in favour of Balbir Singh on the basis of which even a collusive decree was also suffered by them on February 20, 2008. An application was filed on December 8, 2009 which was dismissed vide impugned order. Learned counsel for the petitioners submitted that the petitioners came to know about earlier agreement to sell and the decree suffered by them on February 20, 2008 lateron and for effective relief in the suit filed by the petitioners, the challenge to the same would be required as the property in question is the same the amendment was sought in the pending suit to avoid multiplicity of litigation. After hearing learned counsel for the petitioners, I do not find any merit in the submissions made. The challenge to the earlier agreement to sell executed by the respondents/defendants in favour of Balbir Singh and decree dated February 20, 2008 suffered by respondents in favour of Balbir Singh is altogether independent cause of action than the relief claimed in the suit filed by the petitioners/plaintiffs. This will certainly change the nature of suit already filed which cannot be permitted by way of amendment. Accordingly, the present revision petition is dismissed. (RAJESH BINDAL) 25.2.2010 JUDGE Reema