MOHIT KUMAR Vs. HIMALAYAN INSTITUTE HOSPITAL TRUST

JUDGEMENT

(1.) The Petitioner has challenged an order dated 28th November 2007 passed by the learned Additional District Judge ("ADJ") allowing an application filed by the Respondent/Plaintiff under Order VI Rule 17 of the Code of Civil Procedure, 1908 ("CPC") to permit an amendment in the plaint in OS No. 231 of 2003 (renumbered as OS No. 280 of 2005). The Petitioner has also challenged the subsequent order dated 26th February 2008 passed by the learned ADJ declining to recall the order dated 28th November 2007 as well as an order dated 28th February 2008 directing the framing of the issues. An order dated 3rd December 2007 taking on record the amended plaint and fixing the matter for admission/denial of the documents and for framing of issues has also been challenged.

(2.) The above suit OS No. 231 of 2003 (renumbered as OS No. 280 of 2005) was originally filed in this court by the Respondent/Plaintiff Society ("Society") for "declaration, recovery of possession, mesne profits and damages." The averments in the plaint, which was filed on 7th January 2003, was that the Society was having its administrative office at 704, Sarvpriya Apartments, Sarvpriya Vihar, New Delhi-110016 ("suit property"). The suit was stated to have been filed on behalf of the Society by its Manager Shri M.K. Singh who, it was claimed, was duly authorised by the competent authority of the Society to institute the suit. 3. Para 2 and 3 of the plaint which are important for the present proceedings read as under: "2. That, the plaintiff society was founded and constituted by His Holiness Late Swami Rama, who renounced his family and worldly life and dedicated himself for the benefit and upliftment of the people at large. H.H. Late Swami Rama also remained at the highest seat of spiritualism in Hindu religion i.e. "The Jagatguru Shankaracharya" of Southern India. In the above context H.H. Late Swami Rama had attained Sainthood.

(3.) That the suit property was purchased by H.H. Late Swami Rama alias Brij Kishor Kumar in the year 1986, while he was engaged in the process of the establishment of his spiritual and social institutions for the purpose of having a center and Head Quarter for the above activities in Delhi for the general public welfare. Accordingly, at the time of formation and constitution of the plaintiff society in the year 1989, H.H. Late Swami Rama duly declared the Suit property as the Administrative office of the plaintiff society and continues to be so."