VINOD GUPTA Vs. FATIMA MIRAZ SULTANA

JUDGEMENT

(1.) This petition is filed under Art. 227 of the Constitution of India, challenging the order in I.A .No.851 of 2013 in O.S. No.1088 of 2007 dated 02.09.2014, passed by the IV Additional District and Sessions Judge, Ranga Reddy District at L.B Nagar, dismissing the application filed under Order 6, Rule 17 C.P.C for amendment of the plaint.

(2.) The petitioner herein is the plaintiff and respondents herein are the defendants before the Trial Court, and they will hereinafter be referred as arrayed in the civil revision petition, for the sake of convenience.

(3.) The petitioner filed O.S. No.1088 of 2007 for specific performance of contract of sale having purchased A and B schedule properties of an extent of 6680 sq.yds (3680 + 3000). The sale consideration agreed under the agreement is Rs.10 crores. During pendency of the suit, the petitioner allegedly paid a total amount of Rs.7,15,00,000.00 on different occasions and the payments took place during pendency of the suit before the trial Court. As the suit is filed in the year 2007 itself and all the payments are subsequent events, the petitioner wanted to bring on record by raising subsequent pleadings by amending the plaint under Order 6, Rule 17 C.P.C.