J K KASHYAP Vs. RAJIV GUPTA

JUDGEMENT

(1.) THIS order shall dispose of two separate applications filed by the plaintiff.Vide IA No. 4595/2012 an application has been filed under order 6 Rule 17 CPC to seek amendment in the plaint. Vide I.A. No. 2742/2012 filed under Order 7 Rule 14 CPC read with section 151 of CPC, the plaintiff seeks to bring on record certain documents. Both the applications being borne out of the same cause of action and the genesis of both of them being common, they are being disposed by a common order.

(2.) THROUGH the amendment application, the plaintiff seeks to introduce some new facts based on his alleged meeting with Mr. Shabi-ul-Hasan S/o of Ms. Jamila Gupta for the purpose of preparing his evidence, when Ms. Jamila Gupta had informed the plaintiff about the exchange of certain letters between the plaintiff and herself clearly establishing the stand of the plaintiff in the suit that the amount of Rs. 45 lakhs is a part of total sale consideration amount agreed between the parties to the suit. Three letters, which were handed over by Smt. Jamila Gupta to the plaintiff are (a) original copy of the letter dated 8.2.2005 addressed by the plaintiff to Jamila Gupta (b) photocopy of the letter dated 11.2.2005 addressed by Jamila Gupta to the plaintiff (c) photocopy of the letter dated 16.2.2005 addressed by Jamila Gupta to the plaintiff. In I.A. No. 4595/2005 moved by the plaintiff under Order 7 Rule 14 CPC the plaintiff seeks leave to place on record the said three letters, which as per the plaintiff were not in his possession and custody at the time of the filing of this suit or even thereafter till the same were handed over to him by the said Jamila Gupta between 24.1.2012- 28.1.2012.

(3.) I have heard learned counsel for the parties at length and given my anxious consideration to the arguments advanced by them.