TARA V GANJU Vs. BASANT AND CO

JUDGEMENT

(1.) Order impugned before this Court is the order dated 06.10.2009 vide which the application filed by the plaintiff seeking an amendment of his plaint under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as the 'Code') had been dismissed.

(2.) Record shows that the present suit has been filed by the plaintiff for declaration, cancellation, permanent injunction, possession and damages. There are seven defendants who have been arrayed as parties. Contention of the plaintiff is that the portion shown in blue and green colour shown in the site plan filed along with the plaint is in possession of defendants No. 1 & 2; prayer for decree of possession along with other prayers as contained in the prayer clause has been made. This was suit filed in the year 1995.

(3.) It is not in dispute that thereafter three applications had been filed seeking amendment of the plaint. The first application dated 17.4.1996 had been allowed after a prolonged litigation by a Bench of this Court on 26.04.2002 wherein the plaintiff had been permitted to incorporate a fact that the possession of the premises has been handed over by defendants No. 1 & 2 to a tenant M/s Osram Surya (I) Pvt. Ltd. This amendment had been allowed on 26.04.2002. The amended plaint shows that no consequential amendment in the prayer clause had been made; the amendment qua this fact had been contained in the body of the plaint itself. Thereafter another application had been filed by the plaintiff on 09.7.2002 seeking permission of the Court to transpose NDMC as a party which has been permitted to be withdrawn on 03.9.2003. The third application for amendment had been allowed on 05.3.2005. It is also not in dispute that a misc. petition (OMP No.409/2003) had also been filed by the plaintiff on 29.10.2003 seeking a stay on the transfer of the present suit proceedings from the High Court to the District Courts which had been dismissed on 27.5.2009.