DLF UNIVERSAL LTD Vs. RIPA DEVI

JUDGEMENT

(1.) TWO orders have been impugned before this Court. First order is dated 18.11.2003 and the second order is 01.10.2004; the result of the aforenoted orders is that the amended written statement which the defendant had sought permission of the Court to file was disallowed.

(2.) RECORD shows that a suit for specific performance had been filed by the plaintiff Ripa Devi against the defendant DLF Universal Ltd.. A provisional booking of a plot of land measuring 420 square meter was made by the plaintiff i.e. plot No. C-4/5, DLF Qutub Enclave, New Delhi in the year 1981. Since the defendant had not performed his part of the agreement, the aforenoted suit filed by the plaintiff in the year 1984; this suit was initially filed in the Court of Gurgaon; however since that Court did not have the jurisdiction, it was directed to be presented before the competent Court which was the High Court of Delhi; plaint was presented in the High Court on 13.10.1984; on 15.11.1984, written statement was filed by the defendant. In the course of these proceedings an application under Order XXII Rule 10 of the Code of Civil Procedure (hereinafter referred to as the 'Code') was filed by one Gita Bajaj alleging that vide an agreement dated 18.06.1989, Ripa Devi had sold her share/interest in the suit property in her favour and in view of this assignment, she sought impleadment. On the statement made by learned counsel for the defendant, this application was allowed on 28.02.1993; she was arrayed as plaintiff No. 2; the plaintiff was directed to file his amended plaint; the plaintiff did not file his amended plaint; he only filed an amended memo of parties which was on 02.02.1994.

(3.) VIDE order dated 10.04.2002, the defendant had also been given opportunity to file his amended written statement which was to be filed by 09.07.2002. This amended written statement was not filed. On 31.05.2002 instead the defendant filed an application under Order 7 Rules 10 & 11 of the Code seeking a rejection of the plaint on the ground that it does not disclose any cause of action; this application was dismissed on 05.04.2003. A revision petition was filed in the High Court and vide order dated 22.07.2003, High Court granted opportunity to the defendant to advance his claim for filing the amended written statement before the trial Court.