SURESH KAPOOR Vs. SHASHI KRISHANLAL KHANNA

JUDGEMENT

(1.) By this order I shall dispose of this application filed by the plaintiff under Order VI Rule 17 read with Section 151 CPC for amendment of the plaint. Vide the said amendment the plaintiff intends to amend / replace paragraph 27(i) of the plaint in the following manner:

(2.) It is the case of the plaintiff and submitted by Mr. Virender Goswami that this Court vide its order dated October 10, 2014 directed the plaintiff to pay ad valorem Court fee after specifying the market value of his share in the suit property. The Court fee was filed by the plaintiff promptly within the time granted by this Court. According to him, the amendment as stated is necessary and imperative / formal in order to determine the real controversy between the parties to the present suit and the proposed amendment does not in any manner alter or substitute a new cause of action on the basis of which the original plaint was filed.

(3.) He states that the application is not mala fide as contended by the defendant No.1. That apart, it is his submission that the ad valorem Court fee has been paid by the plaintiff assessing the value of the share of the plaintiff in the property as per the circle rate. This discretion exists with the plaintiff in view of sub-section 4 of Section 7 of the Court fee Act. The Court fee as paid by the plaintiff has not been arrived at arbitrarily and / or whimsically as sought to be contended by the defendant No.1. In other words, it is his submission that the market value of the property as held by this Court in its order dated October 10, 2014 can only be determined by recognized principle which is the circle rate. In support of his submission Mr. Virender Goswami has relied upon the following judgments: