LALARAM Vs. RAJKUMAR MAHAJAN AND OTHERS

JUDGEMENT

(1.) By this writ petition under Article 227 of the Constitution of India, the petitioner/defendant No.1 has taken exception to the order passed by the trial Court of even date 3/9/2015 dismissing the applications for amendment under Order VI rule 17 CPC filed by the defendant No.1 in the written statement in Civil Suits No.175-A/2015 and 229-A/2013 respectively, pending in the Court of III Additional Judge to the Court of I Civil Judge, Class-I, Gwalior. Both the suits are filed by the plaintiffs' for specific performance of agreements to sale of the immovable properties as described in the plaints. As per plaint averments, substantial amount of consideration has been passed on to the defendants' but as defendants' chose not to perform their part by registering the sale deeds under the agreements, the aforesaid suits seeking specific performance of the agreements to sale have been filed.

(2.) In the written statements, plaint allegations are denied inter alia contending that no agreements for sale of the lands in question were ever executed by them. The amount so received by them from the plaintiffs' was towards the loan transaction. There are allegations and counter-allegations as regards the amount paid by the plaintiffs' to the defendants' and denial thereof by the defendants'. While the suits are at the stage of recording plaintiffs' evidence, the petitioner/defendant No.1 filed applications for amendment in the respective suits. Written statements have been proposed to be amended based on the allegations made in the private complaint by the petitioner filed under Sec. 200 CrPC, whereunder cognizance has been taken by the Judicial Magistrate First Class, Gwalior by order dtd. 31/7/2015 passed in Criminal Case No.6835/2015.

(3.) No reply to the applications filed under Order VI rule 17 CPC were filed by the respondent No.1/plaintiff.