SURESH JAIN Vs. MANDEEP SINGH BATRA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution has been filed by the plaintiff in Suit No. 68103/2016, challenging the order dated 18.11.2016, passed by the ADJ-07 (West), Tis Hazari Courts, Delhi, by which the plaintiff's application for amendment of the plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908 [hereinafter referred to as "the CPC"], was dismissed.

(2.) The suit in question was filed, originally in this Court, on 11.08.2008 with the following prayers:

(3.) At the first hearing of the suit, while issuing summons, this Court appointed a Local Commissioner at the instance of the plaintiff to find out the present status of the property, the nature of construction existing thereon, and to ascertain who is presently in occupation and use of the same. The relevant extract of the order of this Court dated 13.08.2008 is as follows: -