BHARAT BHUSHAN MAGGON Vs. JOGINDER LAL AND OTHERS

JUDGEMENT

(1.) I.A. No.19022/2012 has been filed by the plaintiff under Order I Rule 10 read with Order VI R 7 CPC praying inter alia for impleadment of Smt.Rupa Maggon(wife of defendant No.2 and sister-in-law of the plaintiff) as a necessary and proper party in the present proceedings and for seeking permission to amend the entire plaint as has been detailed in paras 14 to 22 of the application.

(2.) The ground furnished for seeking to amend the entire plaint as sought to be explained in para 3 of the application is that the defendant No.1, who is the father of the plaintiff had suffered a cardiac problem on 11.9.2012 and he had to be hospitalized for a surgical procedure. At that time, the relatives of the parties used to visit the hospital and the plaintiff had also gone there to see his father. On 12.9.2012, the plaintiff had met his maternal uncle at the hospital, who had asked him to visit him at his house and on visiting his uncle, the plaintiff came to know of some facts which were not to his knowledge earlier and thus arose the need to file the present application for carrying out extensive amendments to the plaint.

(3.) The aforesaid application is strongly opposed by learned counsel for the defendants No.1 & 2, who are the contesting defendants. Mr.Gupta, Advocate, who appears on advance copy, submits that the application is liable to be dismissed on the ground that if the sole source of information on which the present application is based, is the maternal uncle of the plaintiff, then he was always available to him for purposes of gathering necessary information before instituting the present suit and having failed to approach his uncle earlier, the plaintiff cannot be permitted to plead complete ignorance of the facts that are sought to be incorporated in the plaint by way of amendment.