VIJAY GUPTA Vs. GAGNINDER KR. GANDHI

JUDGEMENT

(1.) The learned Principal District and Sessions Judge ("the learned Trial Court", hereinafter) has, vide the impugned order dated 22 nd October, 2021 in CS DJ 10306/2016 (Vijay Gupta v. Gagninder Kumar Gandhi & ors), dismissed an application filed by the petitioner, as the plaintiff in the suit, under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC), seeking to amend the suit. Facts

(2.) CS DJ 10306/2016 has been filed by the petitioner, as plaintiff, against Respondents 1, 2 and 3 as Defendants 1, 2 and 3 therein. The issue in controversy being the rejection of the petitioner's application for amendment of the suit, it is necessary to know, exactly, at the outset, the case set up by the petitioner, as plaintiff. The Plaint

(3.) The present proceedings deal with a property situated at A-148, Defence Colony, New Delhi-110024 ("the suit property"). The petitioner averred, in the plaint, that he had, vide sale deeds dtd. 11/7/2001 and 7/8/2003, purchased the first and second floors, as well as the terrace of the suit property from Sumitra Devi, the mother of Respondent 3. The petitioner asserted that, while executing the aforesaid sale deeds, Sumitra Devi had also executed an undertaking on 11/7/2001, wherein she undertook that (i) neither she, nor her legal heirs, would sell or transfer the ground floor of the suit property, without giving the petitioner a first option of purchase and (ii) in the event of sale by Respondent 3 or by her legal heirs of the ground floor of the suit property to any person other than the petitioner, the petitioner would have the right and authority to enjoy the parking space in the rear side on the ground floor of the suit property as its owner.