MOHD AHMED Vs. HARISH KUMAR AGGARWAL

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails order dated 10th February 2010 whereby two applications of the respondent No. 1 (plaintiff in the suit) filed under Order 6 Rule 17 CPC were disposed by the learned Additional District Judge (ADJ).

(2.) THE respondent No. 1 herein filed a civil suit for partition, declaration and mandatory injunction against his father Sh. P.N. Aggarwal and others. In the said suit, the petitioner herein was arrayed as defendant No. 12. Thereafter, on the deletion of some other defendants, he was renumbered as defendant No. 2. The plaintiff had prayed declaration against defendant No. 12 (re-numbered as defendant No. 2) inter alia seeking declaration that the agreement to sell executed by his father late Sh. P.N. Aggarwal in his favour be declared null and void and not binding upon him. The averments in this regard were contained in para 46A of the plaint.

(3.) THE application was opposed by the petitioner herein (the defendant No. 2 in the said suit). The pleas which were taken in opposing the application were that the plaintiff was well aware about the execution and registration of the sale deed dated 08.05.1991 at the time of filing of the suit, but intentionally avoided to challenge the same and now he cannot challenge the same, since a legal right has accrued in his favour (the petitioner). It was also submitted that the amendments could not be allowed being barred by limitation and also not being relevant and necessary. Vide the impugned order, the learned ADJ allowed the amendments subject to certain costs. It is this order of the learned ADJ which has been assailed in the instant petition.