ANITA BERI Vs. RAKESH MOHINDRA & OTHERS

JUDGEMENT

(1.) The plaintiff No. 2/petitioner, herein alongwith another another plaintiff, namely, Smt. Anita Sood, has filed a civil suit before the learned Trial Court, for, rendition of a decree of declaration against the defendants/respondents No. 1 & 2, herein, and vizaviz the suit property. Apparently, the suit has progressed up to the stage of recording of defendants' evidence, on, the relevant issues.

(2.) The learned Counsel appearing for the defendants contended qua extantly, the learned trial Judge, rather permitting the defendants, to, adduce evidence on the relevant issues. However, before the defendants could proceed to take the necessary steps for adducing their evidence on the relevant issues, they, preferred an application, cast under the provisions of Sec. 151 of the Code of Civil Procedure, whereunder they sought leave of the Court, to amend the affidavit instituted, on 24.06.2014, before the learned trial Court, for theirs' hence making averments therein, rather bearing consonance with the verdict pronounced by the Honourable Apex Court upon S.L.P No. 29621/2014. The learned trial Judge had accepted the contention of the learned Counsel, for the defendants, and, had proceeded to allow the aforesaid application. The petitioner, being aggrieved therefrom, has hence motioned this Court through the instant petition.

(3.) The learned Counsel for the appearing parties have been heard, at length.