(1.) Defendants have filed this application under Order VI, Rule 17 read with Section151 Civil Procedure Code for incorporating the following prayer clause at the foot of para NO. 17 ofthe written statement:-
(2.) Plaintiff has contested the application by filing a reply. The two grounds on whichthe amendments sought are opposed are that the same is barred by limitation andthat in suit No. 1505 / 84 which defendants 1 & 2 have filed against the plaintiff forspecific performance of the agreement to sell dated 9/08/1978, they have alsoprayed for a declaration that the cancellation of general power of attorney dated 9/08/1978 in favour of defendant No. 3 is void. Said suit No. 1505/84 wasconsolidated with the present suit by the order dated 1 1/09/1985.
(3.) Suit was filed by the plaintiff inter alia alleging that he is the sub lessee of PlotNo. 1030 (measuring 525 sq. yds.) in Block 'D' in the lay out plan of New Friends Cooperative Hpuse Building Society Ltd., and the owner of the superstructure constructedthereon. Under an agreement to sell dated 9/08/1978, the plaintiff agreed tosell the said property to defendants 1 & 2 for a sum of Rs. 2,25,000.00 and on receipt ofRs. 1,25,000.00out of that amount, the plaintiff delivered the possession of theproperty to said defendants on or about 9/08/1978. In addition to execution ofthe said agreement to sell, the plaintiff also executed a general power of attorney on 9/08/1978 in favour of defendant No. 3, nominee of defendants 1 & 2. It isalleged that defendants 1 & 2 committed defaults in performing their part of theobligation under the said agreement to sell and the same thus stood cancelled andsaid amount of Rs. 1,25,000.00 paid by defendants 1 & 2 was forfeited by the plaintiff.Plaintiff also cancelled the said power of attorney dated 9/08/1978 given infavour of defendant No. 3 at the instance of Defendants 1 & 2 by a deed ofcancellation dated 2/05/1979. Defendants 1 & 2 have not delivered the possessionof said property to the plaintiff despite requests made by the plaintiff. Reliefs claimedin the suit are tor recovery of possession of the said property and a sum of Rs.10,500.00. Direction has also been sought tor conducting an enquiry as to the mesneprofits in regard to the said property from 9/08/1978 onwards.