FGP LIMITED Vs. SALEH HOOSEINI DOCTOR

JUDGEMENT

(1.) The above Suit is filed on 10th October, 1991, by the Plaintiff FGP Limited against the Original Defendant inter alia for an order and decree against the Defendant to specifically perform the Agreement for Sale executed on or about July, 1981 (ExhibitA to the Plaint) and in the alternative for damages as claimed. The Original Defendant died on 31st January, 1999. On 26th February, 2001, the husband of the Original Defendant being her heir was brought on record. The husband of the Original Defendant died on 4th July, 2001. Thereafter his heirs i.e. the present Defendants are brought on record. The Suit is therefore pending before this Court since the last 23 years.

(2.) On 2nd July 2004, the Plaintiff herein filed a Chamber Summons being Chamber Summons No. 913 of 2004 seeking the amendment of the Plaint in terms of the Schedule annexed thereto. The said Chamber Summons was rejected by the Learned Single Judge and the Appeal preferred therefrom was also dismissed by the Division Bench of this Court. The Special Leave Petition filed before the Hon'ble Supreme Court was also rejected.

(3.) In January, 2014, the Suit was placed for framing of issues. At that time, the Plaintiff took out the present Chamber Summons being Chamber Summons (Lodging) No. 162 of 2014, once again seeking to amend the Plaint as per the Schedule annexed to the Chamber Summons.