GREEN ACRE HOLDINGS LTD Vs. MKJ DEVELOPERS

JUDGEMENT

(1.) The above mentioned suit has been filed by the plaintiff for partition and case is pending adjudication in this court. The defendant needs to amend the written statement as there are some typographical errors in the same. The present application has been filed by the defendant under Order VI Rule 17 of the Code of Civil Procedure being IA No.4552/2009 and IA No.4553/2009 for taking the additional documents on record.

(2.) The brief facts as per the plaint are that the property situated at No.3 Barapulia Road, Nizamuddin East, New Delhi admeasuring about 4321 sq.yds. (hereinafter referred to as the suit property) was sold to the plaintiff and the defendant each having 50% share by virtue of a sale deed dated 22 nd August 1994 which was executed by the erstwhile owner Late Mrs. Sushila Jarmani Dass. The said sale deed was duly registered on 29 th September 1994 and numbered as Document No. 7059, Additional Book No. 1 Volume No. 8423 on pages 145 to 156. The total consideration paid was 3,83,67,429/- (rupees three crores eighty three lacs sixty seven thousand four hundred and twenty nine). The said property was purchased so that it can be developed as a Joint Venture between the defendant and the plaintiff. But, due to some subsequent events, the property could not be developed by the parties and it was abandoned.

(3.) The defendant has contested the said suit by filing written statement. However, the defendant wants to amend the written statement and hence, has moved an application bearing IA No.4552/2009.