(1.) In this case the plaintiff has filed a suit for grant of a decree for specific performance of agreement for the transfer of the first floor, barsati and the staircases upto the top floor and the portion below the staircase on the ground floor of the building situated on E-885, Chittranjan Park, New Delhi along with all consequential and incidental rights. The issues were framed on22nd March, 1983. The case was fixed for trial twice. The dates of trial had to be cancelled on the first occasion at the instance of the plaintiff. On the second occasion the learned counsel for the defendant submitted on 13th November, 1992 that the valuation of the suit for the purposes of jurisdiction being fixed at Rs. 1.62 lakhs, the suit was likely to be transferred to the lower court and as such its dates of trial which were fixed from 13thNovember, 1992 to 26th November, 1992were cancelled. Now the dates of trial are yet to be fixed.
(2.) The presetnt application has been filed on behalf of the plaintiff under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure (for short called 'CPC') for amendment of the plaint. In this application the plaintiff has sought the amendment of para 2 of the plaint. In terms of the plaint, para 2 reads as under:-
(3.) The plaintiff has sought the deletion of the present para 2 of the plaint and has prayed for the substitution of the said para with the following paragraph:-