DEVKI GUPTA Vs. PRAKASH CHAND GUPTA

JUDGEMENT

(1.) THE defendant has filed this application under Order VI Rule 17 read with Section 151 of Code of Civil Procedure for amendment of the written statement by substituting para 3 of the written statement by giving more circumstances about relinquishment deed dated 29th May, 1986 that it is not binding upon the defendant.

(2.) THE application for amendment is filed in a suit for injunction filed by Smt. Devki Gupta, plaintiff, mother of Shri Prakash Chand Gupta, defendant seeking a restraint against her son from occupying or in dealing with the first floor of the property bearing No. B -78, Gulmohar Park, New Delhi and from creating any act of nuisance in the form of creating obstruction or hindrance in any way of plaintiff to deal with the property or to create obstruction in the way of inspecting or occupying the property in question or enjoyment thereof by the tenant or with respect to any matter connected or ancillary thereto.

(3.) THE suit is still at the initial stages as the parties have not filed all the documents and admission/denial of the documents has not been carried out nor the issues have been framed. Now, by the above noted application, the defendant seeks to incorporate the pleas regarding the relinquishment deed being not binding on him as it was executed only to empower the plaintiff to get the mutation of the property without any difficulty. The defendant has contended that he was under severe shock and was a case of total nervous breakdown on account of death of his father and husband of the plaintiff. The defendant has given the details of the hospital where he was taken and another hospital where he was shifted and the hospital where he continued to get the treatment. He intends to plead by amendment that on account of conspiracy of Shri Ramesh Chand and his wife, Smt. Bina, the relinquishment deed was got executed from him on the representation that this will facilitate mutation of the property with the DDA and Municipal corporation of Delhi and he has given various other circumstances under which the relinquishment deed was executed by him and why the relinquishment deed cannot be acted upon on various grounds. The defendant also contends that instead other mother, some other woman was produced before the sub -Registrar as the plaintiff was in Agra during the relevant period and was a retired teacher.