Smt. Shalini Gupta vs Mukesh Kumar

Shiv Narayan Dhingra, J.—This application has been made by the plaintiff (defendant in the suit) under Order 6 Rule 17 CPC for amendment of the Counter Claim.

It is submitted by the applicant that at the time applicant filed her Counter Claim, in Para 5 of Counter Claim she stated that in case the defendant (plaintiff in the suit) produced the original title documents pertaining to the suit property or was found to be in possession thereof, the plaintiff reserves her right to suitably amend the Counter Claim. During the pendency of the Counter Claim, the defendant in Para 5 of WS to the counter claim alleged that the original documents were handed over to the defendant by the plaintiff herein. Thus the documents were in possession of the defendant herein. The applicant therefore wants to make necessary amendment in her Counter Claim so as to delete Para 5 and add Para 5A. In Para 5A, she wants to state that the defendant had connived with Mr. Swadesh Kumar predecessor in interest of plaintiff and wrongfully and fraudulently obtained the original documents namely GPA and ''Will'' dated 21.4.2004 and documents of title in favour of predecessor in interest of the plaintiff. The applicant also wants to add Para 8A in the Counter Claim stating that the defendant was entitled to deliver/restitute the original documents of title referred to in Para 5 of the Counter Claim and the application. Further amendment sought to be made is in Para 9, Para 10 and prayer clause. Para 10 is regarding valuation of the suit and amendment in Para 9 are consequential in view of pleas taken in Para 5A due to assertion made by defendant in the WS.

The application is opposed by the non-applicant/defendant on the ground that the applicant was aware that the documents were with the defendant.

Since the Counter Claim is at initial stage, issues have not been framed and the amendment sought to be made is not going to change the nature of the Counter Claim materially and also the amendment is not going to prejudice the defendant, I consider that the amendments should be allowed. I therefore allow this application. The amendments in the Counter Claim filed by the applicant are allowed. Amended Counter Claim if not already filed be filed within one week. Amended WS to the amended Counter Claim be filed within 4 weeks. Replication be filed within 2 weeks thereafter.

Matter be listed before the Joint Registrar for admission/denial on 17th July, 2009.