MONA GREWAL Vs. KARAN SINGH GREWAL AND ORS.

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the petitioner-plaintiff-wife challenges the Order No. 16 dated 6th September, 2013 passed by the Ld. 2nd Civil Court (Junior Division) at Alipore in Title Suit No. 169 of 2012 thereby rejecting the application for amendment of plaint filed by the petitioner-plaintiff under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure.

(2.) The opposite parties (for short OPs) in this application are the defendants in the suit. The OP1 is the husband of the petitioner-plaintiff and the OPs 3 and 4 are the mother and brother respectively of the OP1. By the Order impugned No. 16 dated 6th September, 2013 the Ld. Trial Court was pleased to, inter alia, hold that in her amendment application the petitioner-plaintiff has tried to bring on record the several criminal actions brought by the parties against each other in different criminal Courts. The Ld. Trial Court was also pleased to notice that in view of the several criminal actions brought in Courts and other fora between the petitioner-plaintiff and the OPs, it has become necessary to bring on record the changed situation for the purpose of proper adjudication of the matter.

(3.) The OPs-defendants filed written objection to the application for amendment. Noticing that the original prayers of the petitioner-plaintiff in the suit were respectively for a decree of declaration that the plaintiff and her men, agents and/or servants be entitled to use the said flat; a decree for mandatory injunction; and a decree for permanent injunction against the defendants in respect of the said flat, the Ld. Trial Court further noticed that the suit being civil in nature in contradistinction to the amendment proposed by the petitioner-plaintiff which were lengthy and pertained to criminal proceedings.