PRABHA NANDI Vs. GOPA GUPTA & ANR

JUDGEMENT

(1.) Challenge by means of this petition under Article 227 of the Constitution of India is to the impugned order of the trial court dated 07.5.2010 which has dismissed the amendment application filed by the petitioner/plaintiff for amendment of the plaint.

(2.) Ordinarily, the courts would not refuse amendments, however, the court below has found, and to which aspect I would also agree, that the effect of seeking the amendments as prayed for will result in the plaintiff completely changing the nature of the suit as also the reliefs which are claimed. In addition to the observations of the trial court, I find that the petitioner/plaintiff is trying to be clever by half by using confusion of words that amendments pertain to facts already stated, when in fact the total nature of the suit was sought to be changed through the amendments in the plaint and which amendments have been rightly declined. I would like to observe that if amendments are with respect to facts and reliefs already pleaded as is sought to be argued by the petitioner/plaintiff then why seek amendments at all.

(3.) A reading of the plaint which exists before the filing of the amendment application shows that the plaintiff, who was the owner of the suit property bearing no.H-1594, C.R.Park, New Delhi essentially pleaded that the defendants/respondents had failed to pay the sale consideration of Rs.4,96,000/-, qua the sale deed dated 29.11.2004 which had been executed by the petitioner/plaintiff in favour of the respondents/defendants, and therefore either the sale consideration should be paid or the sale deed should be cancelled. The specific case pleaded is that the defendants/respondents had failed to pay the sale consideration and because of this reason the cancellation of the sale deed was sought and not for any other reason. Also, the existing plaint shows that since only part of the property was sold, the defendants/respondents had to make an independent entrance to that portion of the property which was sold to them. In view of the cause of action averred in the existing plaint, the following relief clauses were prayed:-