(1.) The plaintiff company has filed I.A.No.8859/2012 under Order VI Rule 17 of the Code of Civil Procedure (for short 'the Code') praying inter alia for permission to amend the plaint by incorporating fifteen paragraphs, after the existing para 27 of the plaint, by substituting the cause of action para with paras 28-A to 28-C and the existing para 30 pertaining to court fees and jurisdiction with the proposed para 30 and finally, by asking for additional relief and adding two prayer clauses, i.e., prayer clauses (C-1) and (C-2). In I.A.No.17901/2011 filed by the plaintiff under Order 1 Rule 10 C.P.C., permission has been sought to implead L&DO and NDMC as defendants No.6 & 7 in the memo of parties.
(2.) As the present case has a chequered history, a brief reference to the relevant facts leading to filing of this application by the plaintiff, is considered necessary.
(3.) On 27.9.2011, the plaintiff company had instituted the present suit against the defendant No.1[Bhai Manjit Singh(HUF)], defendant No.2(Mrs.Maheep Manjit Singh), defendant No.3(Mr.Vikram Jeet Singh), defendant No.4(Mr.Mohan Jeet Singh) and defendant No.5(Bhai Manjit Singh) praying inter alia for the relief of specific performance of an Agreement to Sell dated 29.7.2005 (hereinafter referred to as 'the Agreement') in respect of premises bearing No.61, Golf Links, New Delhi (hereinafter referred to as "the suit premises') by directing the defendant No.1/HUF to execute the sale deed/conveyance deed in its favour after the suit premises is converted from leasehold to freehold. Besides the above, the plaintiff company has prayed for a decree of declaration that the act of the defendant No.1/HUF of cancelling the power of attorney dated 12.8.2005 executed by her on behalf of the defendant No.2, in favour of Sh.Abhay Aggarwal (Director of the plaintiff company), be declared as null and void and for the relief of mandatory injunction, directing the defendants to take steps to have the suit premises converted from leasehold to freehold.