VIJAY PAL Vs. SMT. CHAMELI

JUDGEMENT

(1.) THE plaintiff has filed the present petition under Article 227 of the Constitution of India for challenging the order dated 30.10.2012 (Annexure P -3) passed by Civil Judge (Junior Division), Gurgaon dismissing his application for amendment of the plaint. According to the petitioner, he filed suit for declaration that sale deed dated 10.9.2004 executed by him in favour of the defendant/respondent was illegal, null and void and not binding on his rights and for restraining the defendant from alienating or transferring the suit land in favour of any other person. The plaintiff claimed that he was co -owner in possession to the extent of 1/4th share in the land measuring 57 kanals 15 marlas. He sold 12 kanals of land to the defendant for an amount of Rs. 4,80,000/ - vide sale deed dated 10.9.2004 but the amount of sale consideration was never paid by the defendant. During the pendency of the suit, the defendant was successful in taking possession of the suit land and for that reason the plaintiff filed the application for amendment of the plaint seeking relief of possession also in the suit.

(2.) THE plea of the plaintiff was opposed by the defendant on the ground that the application for amendment of the plaint was filed after a long delay of about five years. Further, the defendant was in possession of the suit land since 10.9.2004.

(3.) COUNSEL for the plaintiff has relied upon judgments in the cases of Smt. Pratibha Devi Vs. Shri Guru Arjan Dev Public School, Kartarpur, : 2009 (5) RCR (Civil) 814, Ram Parkash Vs. Kreshan Chand and another, : 2012 (1) Civil Court Cases 724, Bhu Deo Vs. District Judge, Etah and others, : AIR 2007 Allahabad 29 and Bal Bhagwan Vs. Balbir Singh and others, : 2012 (189) DLT 258to contend that the law of amendment is to be liberally construed and mere fact that there was delay in filing of the application for amendment of the plaint is no ground to reject the same.