SHEHNAZ BEGUM Vs. ABDUL KHALIQ

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been directed against the order dated 13th December, 2012, whereby the learned Civil Judge allowed the application under Order VI Rule 17 CPC filed by the respondent (plaintiff in Suit No.885/2011) to amend the plaint.

(2.) IN brief, the facts of the case, as incorporated in para 2 of the impugned order reveal that a suit for declaration and cancellation of eviction orders dated 13th February, 2009, 10th July, 2009 and the order dated 7th May, 2008, passed by the Competent Authority (Slum), Delhi was filed, inter alia, praying for relief of permanent injunction, restraining the defendant from taking possession of the suit property. However, the relief of injunction became infructuous as in the execution proceedings the possession had already been taken by the defendant.

(3.) THE prayer for amendment of plaint was opposed by the defendant, specifically pointing out that the relief, seeking declaration in respect of the Sale Deed, executed in the year 1986, as null and void and barred by limitation, the plaintiff was not diligent enough to claim this relief at the time of filing the suit.