SAIYID SIRAJUL HASAN Vs. SYED MURTAZA ALI KHAN

JUDGEMENT

(1.) An application under Order VI Rule 17 Code of Civil procedure (hereinafter referred to as CPC) has been filed on behalf of the plaintiff for amendment to incorporate the shares of the parties on account of death of some of the original parties and for correction in suit valuation in various paragraphs of the plaint.

(2.) It is submitted in the application that due to the demise of some of the parties during the pendency of the suit, the sahams/ shares of the surviving parties/ legal representatives/heirs of the deceased who are already party on record have changed. Hence, the plaintiff seeks to amendment the plaint by adding paragraph 9A to 9F describing the shares of the various parties to the present suit.

(3.) Further, the value of the properties as referred to in paragraph 13, 14 and 15 and in Exhibit 1, 2 and 3 which are the subject matter of the partition in this suit, was based on Government/Tax Authorities valuation/estimates done much prior to the date of filing of the plaint. The plaintiff verily believes that the market value of the properties in the Exhibits 1, 2 and 3 taken together at the time of filing of the plaint was Rs.25.00 crore. Hence, the plaintiff seeks permission to amend paragraph 22 to amend the suit valuation as Rs.25.00 crores with the share of the plaintiff on partition estimated as Rs.1,01,27,315.00 on which the court fee has already been paid.