DHARAM CHAND Vs. R K JHA

JUDGEMENT

(1.) This revision petition is filed by the petitioner, who is the plaintiff in the suit, assailing the order of an Additional District Judge dated 4.12.2000 whereby he had dismissed his application filed under Order 6 Rule 17 CPC and had declined to allow an amendment in the plaint.

(2.) Briefly stated the facts are that the plaintiff has filed a civil suit for recovery of Rs.4,00,000.00 from the defendant Mr.R.K.Jha. Assistant Commissioner of Police. Vivek Vihar,Delhi as damages for causing mental injuries and defamation. It is alleged that he is owner of a property in village Karkardooma. He filed a civil suit against the DDA in which interlocutory injunction was granted. During the pendency of the civil suit the defendant, the then ACP, Vivek Vihar tried to demolish the suit property in contravention of the injunction order. He also caused harassment to the plaintiff causing him mental injury and defamation for which he was liable to pay the damages. It was submitted that a legal notice was sent to the defendant and the permission was also sought from the competent authority for filing the suit but no reply has been received.

(3.) The defendant contested the suit and raised diverse pleas in the written statement. Inter alia it was pleaded that the suit did not disclose any cause of action and was liable to be dismissed under Order 7 Rule 11 CPC. It has not been filed within three months from the date of the act complained of as required by Section 140 of the Delhi Police Act. One" month"s notice mandated by this provision has not been served. The permission of the Lt.Governor has also not been obtained so the suit is barred by Section 53 of Government of NCT of Delhi Act and Section 80 of the CPC. On merit also the defendant has refuted the allegations of the plaintiff that he has contravened the injunction order or tried to demolish the property or caused mental injury or defamation etc. to the plaintiff or that he was required to pay any damages.