RAJESH AGGARWAL Vs. OM PRAKASH

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 16th March, 2019 by which an application for amendment has been allowed, permitting the Plaintiff/Respondent No.1 (hereinafter, "Plaintiff") to incorporate a declaratory prayer and certain other paragraphs, in respect of the Petitioner's/Defendant No.2's (hereinafter, "Defendant No.2") sale deed.

(2.) The suit dates back to 1991. Plaintiff and Defendant No.1 are brothers. Defendant No.2 is a purchaser of the property from Defendant No.1. At the time of filing of the suit, the alleged sale deed in favour of Defendant No.2, dated 28th November, 1990, had already been executed. The Plaintiff sought reliefs of partition, possession and injunction. The Defendants filed a counter claim. Finally, the following issues were framed by the Court on 24th November, 1995:

(3.) A perusal of the issues shows that the Plaintiff, as also Defendant No.2 have claimed rights in the property. Issues No.11 and 14 specifically relate to whether the purchase of the property by Defendant No.2 is bona fide and whether the Plaintiff is entitled to partition. Evidence already stands recorded between the parties and the matter is ripe for final arguments. During the course of arguments, an application under Order VI Rule 17 CPC was filed by the Plaintiff seeking to add some pleas in respect of the sale deed executed in favour of Defendant No.2 and a prayer for declaration that the said sale deed is null and void. This application for amendment was allowed by the impugned order in the following terms: