PRADEEP KUMAR AGGARWAL Vs. PRAVEEN AGGARWAL

JUDGEMENT

(1.) IA No.10300/2018

(2.) In this application for amendment it is stated that defendant No.1 has filed written statement and stated that the parents of the parties to the family settlement are necessary and proper parties. Hence, defendants No.3 and 4 parents of the parties are sought to be impleaded as parties. It is further pleaded that proceedings were pending before DRT where there was a stay order against the proposed defendant No.3 from selling, alienating, transferring, encumbering or parting with possession of the property mortgaged with defendant No.2 bank. The father of the parties are said to have on 21.12.2017 sold the suit property in favour of one of the neighbours Ms.Usha Bansal/proposed defendant No.5. It is stated that this is in utter disregard and violation of the restraint order as also in violation of the terms of the Family Settlement as stood modified. Hence, appropriate amendment is sought in the plaint.

(3.) Learned counsel for the defendants have opposed the present amendment stating that it is completely a new cause of action. It is further pleaded that the nature of the suit will completely change. Various arguments have been made stating that the facts that are proposed by way of amendment do not have any merit whatsoever.