ATUL MAINI CHOPRA Vs. ADARSH BHALLA

JUDGEMENT

(1.) Heard. The plaintiff has, in para 4 of the plaint, clearly raised a plea that the suit property was purchased Benami in the name of defendant No. 1 out of funds provided by there father deceased Lt. Col. K.C. Chopra. Para 4 may be extracted at this stage for easy reference:

(2.) In the present application the plaintiff seeks to introduce an amendment and to add paras 5A-L. A reading of the proposed amendments would show that the same are meant to only elaborate and elucidate the plea to Benami already raised in the plaint. The proposed amendment is as under:

(3.) There is nothing in the proposed amendment which can possibly be said to introduce either a new cause of action or to change the nature of the suit or the controversy therein. All that the amendment aims at is to assert that the funds for the purchase of the suit property did in fact flow from the father of the parties late Lt. Col. K.C. Chopra. There is, in that view, no justifiable reason to decline the amendment prayed for.