ALKA GARG Vs. SANJAY KARIR AND ORS.

JUDGEMENT

(1.) This is an application filed by the plaintiff u/O VI R 17 CPC read with Sec. 151 CPC for amendment of the plaint.

(2.) It is the case of the plaintiff that she had instituted the present suit for partition, rendition of account and permanent injunction. The defendants have filed a written statement on or about May 29, 2015 and have disclosed for the first time that the plaintiff and her mother had allegedly executed a Relinquishment Deed relinquishing their right in the suit property in their favour. It is her case that prior to the filing of the written statement, the plaintiff was not aware of the said Relinquishment Deed, which the plaintiff categorically state, is as a result of fraud, undue influence and misrepresentation. It is also her case that upon inspection of the Court record, she has come to know that the defendants have filed a purported Memorandum of Family Settlement dated April 25, 2007, which records an oral family settlement. The said document is a false document and has been manufactured to give support to the alleged Relinquishment Deed, which is itself a result of fraud, undue influence and misrepresentation. By way of amendment, the plaintiff intends to substitute and replace the title of the suit to be a suit for partition, cancellation, declaration, rendition of accounts and permanent injunction. She intends to incorporate paras 9A to 9O after para 9. She intends to add the word 'blank' in the third line of paragraph 22 between the words 'on' and 'paper' and the word 'black' be deleted and add one paragraphs after paragraph 20 making a corresponding amendment to the paragraph 23 relating to valuation of the suit. Similarly, paragraphs 'E' to 'J' have been added to the prayer clause. Amended suit has also been filed along with the said application.

(3.) The defendants have filed their reply to the application u/O VI R 17 CPC, wherein they have opposed the amendment on the ground that the plaintiff is trying to make up a new case, there is no cause of action for the plaintiff to file the present suit. They also state, that the plaintiff is well aware of the Relinquishment Deed dated June 15, 2007 as the plaintiff had executed the said Relinquishment Deed before the concerned Sub - Registrar by appearing herself in person. The defendants have denied the rest of the paragraphs of the application.