SHIV KISHAN AGGARWAL Vs. KAMLA DEVI AGGARWAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against order dated 24.7.2004 passed by Additional District Judge, Delhi allowing two applications under Order VI Rule 17 of the Code of Civil Procedure for amendment of the plaint.

(2.) I have heard Mr. Sandeep Sethi, Sr.Advocate learned counsel for the petitioners and Mr. C. Mukund, Advocate, learned counsel for the respondent and have gone through the impugned order and the trial court record.

(3.) Briefly the facts are that respondent Smt. Kamla Devi (hereinafter referred to as the plaintiff) filed a suit against the petitioners (hereinafter referred to as defendants) for declaration, perpetual injunction and rendition of accounts stating therein that she had filed suit No.386 of 1999 against the defendants in the Calcutta High Court. The defendants raised preliminary objection about territorial jurisdiction and the suit was dismissed on that ground. Besides that suit, a criminal complaint was also filed at Calcutta under Sections 465/467/471 & 120-B of Indian Penal Code in respect of the dissolution deed dated 16.11.1974. The said criminal complaint was quashed. It was, however, observed in the quashing order that the order will not stand in the way of institution of criminal proceedings in future in case the civil court comes to the conclusion that the dissolution deed dated 16.11.1974 was a forged document. After that the suit was filed in the High Court of Delhi.