OM PRAKASH Vs. CUREHEALTH PHARMACEUTICAL PVT. LTD

JUDGEMENT

(1.) The present petition is directed against the order dtd. 18/2/2022, passed by learned Civil Judge, Court No.1, Solan, District Solan, H.P., vide which the application under Order 6 Rule 17 of CPC read with Sec. 151 of CPC for the amendment of the plaint filed by the respondents (plaintiffs before the learned Trial Court) was allowed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the plaintiffs filed a Civil Suit before the learned Trial Court for seeking a declaration that the cancellation of Lease Deed No. 2582 /2018 dtd. 3/12/2018, by Akash, defendant No.2 is illegal, Exchange Deed dtd. 7/1/2019 executed on the strength of the Cancellation Deed No. 60/2019 is wrong, illegal, null and void and not binding upon the rights of the plaintiffs. A consequential decree for permanent prohibitory injunction was also sought.

(3.) Subsequently, an application under Order 6 Rule 17 of CPC was filed by the plaintiffs, pleading that as per the written statement filed by the defendants, the plaintiffs got the registered Lease Deed No. 761 of 2017 dtd. 24/4/2017. Lease Deed No. 2144 of 2013 dtd. 11/11/2013, Rectification Deed No. 1792/2014 dtd. 25/8/2014 and Lease Deed No. 2275/2015 dtd. 10/9/2015 cancelled and revoked without the consent and knowledge of the plaintiffs. The Sub-Registrar was not competent to cancel the registered Lease Deed. Such a Deed can only be cancelled by a Civil Court. The Lease Deed was executed by defendant No.2, who is the son of the Sub-Registrar, Solan. Hence a prayer was made that Lease Deed No. 2275/2015, dtd. 10/9/2015 executed by Om Prakash be declared null and void.