DESHRAJ Vs. RAJESH KUMAR AND 2 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Shri Mohd. Saleem Khan for the respondents.

(2.) The plaintiff-petitioner is before this Court assailing the order dated 28.5.2018 in Civil Appeal No. 9 of 2017 (Deshraj v. Rajesh Kumar and Ors.) passed by Addl. District Judge/F.T.C. Court No. 1, Saharanpur, whereby the amendment application being Paper No. 24-C has been rejected.

(3.) The record in question reflects that the plaintiff-petitioner has filed suit for cancellation of sale deed dated 15.1.2005 against the defendant-respondents. The suit in question was dismissed by the trial court vide order dated 10.02.2017. Against the said order, the petitioner filed appeal and had also moved an application for amendment in the plaint under Order 6 Rule 17 and Section 151 CPC on the ground that the sale deed was executed for a sum of Rs. 5,40,000/- by playing fraud upon the plaintiff-petitioner, whereas the actual cost as per the market value of the suit property was more than Rs. 30 lacs and the said market value could not be disclosed in the plaint due to ignorance of the petitioner. The said amendment could not be carried out in the plaint inspite of due diligence before the commencement of trial and the said fact could only be brought into knowledge during the pendency of appeal and as such the application under Order 6 Rule 17 read with Section 151 CPC has been filed.