RAJ KUMAR ARORA Vs. RAMESH KUMAR ARORA

JUDGEMENT

(1.) A suit for seeking a decree of rendition of accounts filed by the plaintiff, petitioner herein, is pending adjudication before the lower court since 9.10.2009. When the suit was proceeding further, an application (Annexure P -3) for amendment of the plaint was moved on 13.6.2011. Finding no merit in the application, the same was dismissed vide order (Annexure P -1) of 25.4.2013 of the lower court. This order is under challenge in this revision petition at the instance of the plaintiff, petitioner herein.

(2.) PERUSAL of the paper book reveals that this suit has been taken as a luxury litigation by the plaintiff, petitioner herein. Merely because the written statement has not been filed yet by few of the defendants is no ground to allow this application particularly when the same is neither bonafide nor helps the court in effectively and competently adjudicating the matter in controversy. Entire case of the petitioner -plaintiff is founded on agreement to sell dated 22.8.2005. Relief of injunction restraining the defendants from alienating the suit property was also claimed.

(3.) VIDE agreement to sell dated 22.8.2005, the respondentcompany had allegedly agreed to sell property of the company to defendants No.6 and 7, respondents No.6 and 7 herein. Injunction was also sought against defendants No.1 to 5, respondents No.1 to 5 herein, from operating the bank account held in the name of defendant No.5 with defendants No.9 and 10 as also from withdrawing the money. Defendant No.5, respondent No.5 herein, is the company which has purchased the property bearing No.H.No.B -XIX -110, vide different sale deeds as per details in para No.3 of the plaint. It is claimed that vide a separate agreement of 22.8.2005, defendant No.5 through defendant No.1 had agreed to sell the suit property in favour of defendants No.6 and 7 which agreement was also signed by the plaintiff alongwith defendants No.1 to 4, respondents No.1 to 4 herein.