LAWS(DLH)-2006-10-177

MADHU SUDAN GUPTA Vs. DINESH GUPTA

Decided On October 16, 2006
MADHU SUDAN GUPTA Appellant
V/S
DINESH GUPTA Respondents

JUDGEMENT

(1.) The question which is raised in the present appeal is whether the learned Single Judge has fallen in error in granting permission to the respondent/plaintiff to amend his plaint, by passing the impugned order dated 2nd December, 2004 on IA No. 1900/2003 filed under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure (CPC).

(2.) The brief facts relevant for disposing of the present appeal are that the respondent/plaintiff has filed a suit for specific performance of agreement to sell (hereinafter referred to as 'the Agreement') dated 14th June, 1997 in respect of the first floor of property bearing No. D-43, N.D.S.E., Part-I, New Delhi. It is stated by the respondent/plaintiff in the suit that the appellant/defendant No. 1 agreed to sell the aforementioned property to the respondent/plaintiff for a total sale consideration of Rs. 36 lakh. As per the averments made in para 2 of the plaint, it is stated as under:

(3.) By way of the proposed amendment application filed by the respondent/plaintiff on 11th February, 2003, he wanted to clarify the mode of payment of Rs. 32 lakh due to the appellant/defendant No. 1. Accordingly, following addition was sought by the respondent/plaintiff in para 2 of the plaint by way of amendment: