SUMANTA SUSHANTA OVERSEAS PVT. LTD. Vs. SANJAY ADLAKHA

JUDGEMENT

(1.) IA No.18952/2013 (u/O 6 R 17 CPC)

(2.) Undertaking was given by the defendants on 03.04.2006 before this Court not to raise any construction on the 'vacant' land in the portion marked red in the site plan attached as Annexure 'A' to the plaint. It was also recorded therein that neither party would use the portion marked red in the site plan till the next date of hearing.

(3.) On 21.10.2013, this Court while hearing various IAs observed that during the pendency of the suit, the plaintiff had claimed to have executed a 'Rectification Deed' with the plaintiff's predecessor in interest in title in respect of the suit property. However, there were no pleadings made in the suit with regard to the execution of the Rectification Deed. Learned counsel for the plaintiff then sought leave to amend the plaint. The matter was adjourned to 21.1.2014 permitting the plaintiff to move an appropriate application subject to right of the defendants to oppose it. Subsequently, the IA in question was moved to seek amendment.