MALIBU ESTATE PVT. LTD Vs. SUBHRAM

JUDGEMENT

(1.) Petitioner Company (defendant No. 1 in the suit) is aggrieved by an order dtd. 1/8/2017(Annexure P-5) passed by the learned trial Court whereby amendment of the plaint has been permitted. Amongst others, one of the grievances of the petitioner is that the same has been permitted not only highly belatedly being barred by limitation as per Article 58 of the Limitation Act, but even otherwise it seriously prejudices the defendants having been permitted at the fag end of the trial when defendants were about to close their evidence and the matter was almost ripe for final arguments.

(2.) Before adumbrating further, a succinct narrative leading to the instant proceedings. For the sake of convenience, parties are being referred herein as per their status in the plaint before the trial Court proceedings.

(3.) Plaintiffs originally filed a civil suit, inter alia, seeking declaration to the effect that they are co-sharers/ co-owners to the extent of 1/4* share in the suit land comprising in khewat No. 62, khatoni No.68, rectangle No. 2, killa No. 14/2(2-4) as per jamabandi for the year 2003-04 situated within the revenue estate of village Fatehpur, Tehsil and District Gurgaon. Further prayer for grant of decree qua partition and possession of their 1/4* share has also been sought in the civil suit. While, at the same time, a cross-suit has been filed by defendant No.1 Company seeking specific performance of the collaboration agreement dtd. 15/4/2004 executed with plaintiffs qua the same suit land wherein they have sought declaration to uphold the collaboration agreement and its consequential specific performance in respect of same very 1/4* share in the suit land, which has been described as Rectangle No. 12, killa Nos. 14/2(2-4) and 17(2-2) stated to be owned by the plaintiffs.