RAJESH KUMAR AGGARWAL Vs. K K MODI

JUDGEMENT

(1.) THE above appeals were filed against the final order dated 27 08 2001 passed by the High Court of Delhi in FAO (OS) No 35/2000 and C M No 387/2001 whereby the High Court of Delhi allowed the appeal of the respondents

(2.) THE short facts of the case are as follows:-

(3.) MR Mukul Rohtagi submitted that the High Court is not justified in disallowing the amendment of the plaint so as to defeat the valuable rights of the appellants He would further submit that the court was not correct in dismissing the application in view of the settled position of law that all amendments of pleadings should be allowed which are necessary for determination of the real controversies in the suit and that the amendment proposed by the appellant was necessary for determining of the real controversies in the suit This apart the Division Bench was not right in rejecting the application at the stage of amendment when it is settled law that the court does not enter into merits at the stage of amendment According to MR Rohtagi, the appellants sought an amendment that the shares be sold and then invested in Government Bonds and/or securities which will be in the interest of beneficiaries because presently the beneficiaries were not deriving any benefit by virtue of the said shares which are in power and possession of respondent no 1 as is evident from the records