ARJUN CHOWDHRY Vs. CAPITAL LAND BUILDERS & ORS

JUDGEMENT

(1.) On behalf of the petitioner, at the outset, reliance has been placed on the verdict of this Court in Oil and Natural Gas Corporation Ltd. v. Vijay Mahajan, (2017) 237 DLT 158 whereby it has been observed to the effect that instead of returning the petition giving an opportunity to the petitioner to file a fresh petition under Article 227 of the Constitution of India, it would be in the interest of justice that the Registry be directed to renumber the present petition as CM(M) treating the present petition as a petition under Article 227 of the Constitution of India. As per the Roster of this Court, such petitions are also being heard by this Court. On behalf of the respondent No.1 who is the main contesting party, it is submitted that there is no opposition to the said prayer. In view thereof the present petition is directed to be treated as a petition under Article 227 of the Constitution of India and the Registry is directed to renumber the same.

(2.) At the outset, it has been submitted on behalf of either side that the respondent No.1 is the only contesting respondent in the instant case.

(3.) Vide the present petition, the petitioner has assailed the impugned orders dated 2.6.2018 and 5.7.2018 of the Court of the Additional District Judge-02, Karkardooma Courts, in CS-174/16 whereby vide order dated 2.6.2018, an application under Order VI Rule 17 CPC filed by the plaintiff, i.e., the respondent No.1 to the present petition, seeking an amendment in paragraph 19 of the plaint in relation to the aspect of valuation of the suit property for the purpose of court fees and jurisdiction was allowed and apart from the same, there was another amendment also allowed in relation to bringing on record the new authorized representative of the plaintiff, i.e., the respondent No.1.