ASHOK KUMAR SINGHAL Vs. BIMLA DEVI

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 09.10.2013 passed by a learned single Judge in IA No.21606/2012 which was an application filed on behalf of the appellant/plaintiff under Order VI Rule 17 Civil Procedure Code (CPC) for amendment of the plaint in CS (OS) No.1778/2007. The learned single Judge has rejected the prayer for amendment of the plaint.

(2.) EARLIER , an order was passed by a Division Bench of this court in FAO (OS) 450/2010 and CM No.11862/2010(stay). The said order reads as under: -

(3.) THE learned single Judge considered the application from this standpoint as also the liberty given by the Division Bench and noted that the Division Bench had permitted the plaintiff/appellant to apply before the learned single Judge for direction, if there were any averments in the plaint which referred to the claim of the plaintiff/appellant which specifically related to 325 Sq. Yards of property No.E -45 -46, Arya Samaj Road, Uttam Nagar, New Delhi. In this connection, the learned single Judge noted that there was no specific averment in the plaint that plaintiff/appellant was laying claim to an extent of 325 sq. yds of property No.E -45 -46, Arya Samaj Road, Uttam Nagar, New Delhi. The learned single Judge noted that in the absence of any such averment it was not permissible for the court to allow the amendment in the suit and that too after five years of the filing of the plaint.