Full Text
HIGH COURT OF DELHI
CM(M) No.1087/2014 12th December, 2014 MS. MANJU SHARMA ..... Petitioner
Through: Ms. Anshu Priyanka, Adv.
Through
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
CM No. 20454/2014 (exemption)
Exemption is allowed subject to all just exceptions.
The application is disposed of.
CM(M) No. 1087/2014 & CM No.20455/2014 (stay)
JUDGMENT
1. This petition under Article 227 of the Constitution of India is filed by the defendant in the suit impugning the order dated 16.9.2014 of the trial court whereby the trial court has allowed the amendment application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) filed by the respondent/plaintiff whereby the suit seeking injunction has been amended into a suit seeking specific performance. 2014:DHC:7005
2. The trial court notes that actually and effectively only the relief is being changed because even in the existing suit plaint seeking injunction, the relief claimed was on the basis of the subject agreement to sell dated 8.12.2010 with respect to the property bearing No.247, Pocket C-11, Sector 4-3, Rohini, Delhi-110085. The respondent/plaintiff had erroneously only sought injunction, and now more or less on the same set of facts, the relief of specific performance is sought qua the same agreement to sell dated 8.12.2010.
3. Counsel for the petitioner argues that certain additional facts have been added so a new case is being set up but that is not a correct argument inasmuch as merely because some facts are added a new case is not set up as the basic set of facts remain the same and hence will not amount to complete change of the nature of the case of the respondent/plaintiff as is sought to be argued. I may only at this stage note that by allowing the amendment to the plaint, the same does not mean that the case as newly pleaded is accepted by the Court, because, at the time of allowing an application for amendment merits of the matter are not seen and which merits of the matter will be decided after completion of pleadings and trial and at the stage of final arguments. Petitioner surely will have ample opportunity to rebut the case set up in the amended plaint (which is to be filed pursuant to the impugned order allowing the amendment) because the petitioner/defendant can take all pleas of facts and law in the amended written statement now to be filed, so as to seek dismissal of the suit.
4. In view of the above there is no merit in the petition and the same is therefore dismissed.
DECEMBER 12, 2014 VALMIKI J. MEHTA, J. vld