CHAMPALAL Vs. AMRITLAL AND ANOTHER

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. 3,00,000/ -.

(3.) A written statement was filed by the defendants on 29.05.2010 and a replication was filed by the plaintiff on 25.03.2011; whereafter issues were framed by the trial court and affidavits in evidence were also filed by the plaintiff; whereafter, on 04.04.2014 an application under Order VI, Rule 17 CPC was filed by the plaintiff seeking amendment in the plaint, so as to claim that though in the sale deeds the consideration shown was Rs. 3,00,000/ -, the Sub Registrar as per DLC rates has valued the property at Rs. 6,82,000/ - and the actual market rate of the plot was Rs. 15,00,000/ - to 16,00,000/ - and in the alternative relief also sought amendment to claim Rs. 15,00,000/ - instead of Rs. 3,00,000/ -.