L S MONGA Vs. D D A

JUDGEMENT

(1.) BY this petition, the petitioner has assailed an order dated 3rd october, 2007 passed by the learned Additional District Judge, Delhi in Suit No. 435/2004 whereby the application of the petitioner herein under Order VI Rule 17 cpc for amendment of the plaint was dismissed.

(2.) THE petitioner had filed a suit before the trial court for recovery of Rs. 13,56,405/- deposited with the respondent for allotment of a flat. The suit of the petitioner was at the stage of evidence as issues had already been framed. Petitioner made this application seeking amendment of the plaint on the ground that the petitioner had obtained certain information under right to Information Act from DDA and had now learned that the flats for which brochures were issued by the respondent, were never constructed and or offered to the petitioner and what was constructed by the respondent was not given in the brochure and demand made by the respondent in respect of the flat constructed was beyond the reach of the petitioner since petitioner had applied for a different category of flat.

(3.) A perusal of the record would show that the petitioner had applied for a flat with area of 107 sq. meters whereas he was offered a flat of 261 sq. meters and was asked to pay a price of 62 lakhs. The petitioner contended that it being a charitable organization was unable to pay this much amount and the large accommodation offered to the petitioner was beyond the requirement of the petitioner. Since the petitioner has to justify why he was entitled to receive the amount back, the petitioner has bring these facts on record.