ASHOK RATHI Vs. KARTAR CHAND

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by defendants No.4 to 7 / petitioners, being ggrieved by the order dtd. 12/9/2023 passed by the trial Court, whereby application under Order 6 Rule 17 of the CPC preferred by the plaintiffs has been allowed.

(2.) For the purpose of decision of this petition, the facts need not be narrated in detail. Suffice is to say that plaintiffs have instituted an action on 20/7/2020 against the defendants for declaration of their title to the suit property, declaration that defendants No.2 and 3 are not the owners of the same since the entire sale consideration of Rs.1,40,00,000.00 has not been paid to them, for declaration that the sale deeds executed in favor of defendants No.2 and 3 are null and void, for declaration that the sale deeds executed by defendants No.2 and 3 in favor of defendants No.4 to 7 are null and void, for damages and permanent injunction restraining the defendants from alienating the suit property.

(3.) During pendency of the suit, plaintiffs filed an application under Order 6 Rule 17 of the CPC seeking leave of the Court to amend the plaint for seeking an alternate relief of refund of Rs.1,04,00,000.00 out of the total sale consideration of Rs.1,40,00,000.00 as per the agreement to sale dtd. 17/5/2017 along with interest @ 18% per annum till date of payment. The application was contested by defendants but has been allowed by the trial Court by the impugned order on the ground that only an alternate relief has been sought for by plaintiffs which can be permitted even though the trial in the suit has begun. In any case, evidence of plaintiffs has not been concluded as yet. Since plaintiffs' original relief was within time, the alternate relief would also be deemed to be within time.