NARAIN SINGH Vs. ANSAL PROPERTIES AND INDUSTRIES LIMITED

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner against the order dated 8.10.1996 passed by the Civil Judge, Delhi in Suit No. 6/1996 dismissing the application filed by the petitioner/plaintiff seeking for amendment of the plaint.

(2.) The plaintiff filed a suit for permanent injunction contending inter alia that the petitioner and respondent No. 2 booked a commercial flat bearing No. 8-H, measuring about 400 Sq. Ft. at the 8th floor at STATESMAN HOUSE at Barakhamba Road, New Delhi. It is alleged that the said flat was booked for a total consideration of Rs. 9,22,000.00 and an agreement-cum-allotment letter dated 5.7.1990 was issued. It is further alleged that they jointly paid Rs. 1 lacs i.e. Rs. 50.000.00 each by the petitioner and respondent No. 2 through bank draft to respondent No. 1. It is alleged that the respondent No. 10 started threatening the petitioner to allot and transfer the flat-in the name of respondent No. 2 only after completion of construction of the building and hence the aforesaid suit seeking a permanent from transferring or making allotment of the said commercial flat to any other person except in the joint name of the petitioner and respondent No. 1. The suit was contested by both the defendants.

(3.) An application came to be filed by the petitioner as plaintiff under Order 6 Rule 17 Civil Procedure Code praying for amendment of the plaint on the ground that certain new facts have come to their knowledge subsequent to the filing of the suit and sought to incorporate the same by way of amendment. A copy of the amendment application has been placed on record. The said amendment application has been placed on record. The said amendment application was opposed by the respondents and by the impugned order the trial court dismissed the same holding that the said amendments are not warranted at this stage.