Delhi High Court - Orders
M. L. Kapoor & Anr vs Din Dayal Agrawal on 10 January, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 174/2021 & I.A. 407/2023
M. L. KAPOOR & ANR. ..... Plaintiffs
Through: Ms. Jaya Goyal and Ms. Manpreet
Kaur, Advocates
versus
DIN DAYAL AGRAWAL ..... Defendant
Through: Mr. R. Goel, Advocate
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 10.01.2023 I.A. 406/2023 (Amendment of the pleadings)
1. The instant application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, has been filed on behalf of the defendant seeking the following relief:-
"a. Allow the present application filed under Order VI Rule 17 CPC R/w Section 151 CPC for amendment of pleadings in CS(OS) 174/2021, in the interest of justice..."
2. Learned counsel for the plaintiffs appears on advance notice. Hence, no need to issue formal notice.
3. Learned counsel appearing on behalf of defendant submitted that the plaintiffs have withdrawn their FDR of Rs.50,00,000/- (Rupees Fifty Lacs) and relief of specific performance of the agreement is no longer maintainable and execution of sale deed is not possible. Therefore, Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:11.01.2023 17:23:55 amendment of pleadings is warranted.
4. Learned counsel appearing on behalf of plaintiffs vehemently opposed the instant application and submitted that the instant application has been filed merely for the purpose of delaying the proceedings in the captioned suit. It is further submitted that the matter is already fixed before the Joint Registrar on 13th January, 2023 for leading the defendant's evidence. He prayed for some time to file reply/objection to the application.
4. Heard.
5. Let the reply/objection to the application be filed within a week.
6. List on 23rd January, 2023.
7. It is made clear that the pendency of the instant application shall not affect the proceedings before the Joint Registrar for leading the evidence.
CHANDRA DHARI SINGH, J JANUARY 10, 2023 Dy/@k Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:11.01.2023 17:23:55