MEERA BEN Vs. AMRITLAL AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 and 227 of the Constitution of India has been filed by the petitioner aggrieved against order dated 02.01.2015 passed by the trial court, whereby, the application filed by the petitioner under Order VI, Rule 17 CPC seeking amendment in the plaint has been rejected by the trial court.

(2.) THE facts in brief may be noticed thus: the petitioner -plaintiff filed a suit on 22.02.2010 seeking cancellation of sale deed dated 12.06.2007 and possession of the plot and in the alternative for recovery of the amount of sale consideration; it was averred in the plaint that plaintiff owns a plot of land at Sumerpur; the petitioner is a permanent resident of Ahmedabad and, therefore, the plot was being looked after by defendant No. 1 and a power of attorney dated 13.01.2004 was executed in his favour; in May, 2007 the defendant No. 1 was directed not to act on the power of attorney; in December, 2007 when the defendant No. 1 misbehaved, the petitioner inquired at the office of the Sub Registrar and came to know that defendant No. 1 has executed sale deeds in favour of his wife and the same have been got registered on 13.06.2007; it was alleged that the sale deeds were executed by defendant No. 1 in favour of defendant No. 2 without paying any consideration to the petitioner only with a view to grab the land in question; the sale deeds were void and were liable to be cancelled; in the alternative it was prayed that the amount of consideration as indicated in the sale deeds be ordered to be paid by the defendants to the plaintiff, which in the suit was Rs. 3,50,000/ -.

(3.) THE application was opposed by the defendants on the ground that the amendment was not permissible in law; the nature and form of the suit would change and in view of the fact that evidence has already started and affidavit of the plaintiff has already been filed, the grant of amendment was not justified.