SMT. CHAND GROVER & OTHERS Vs M/S MOD CHITS PVT LIMITED & OTHERS -Judgment by Delhi High Court

2024-01-15 Information

$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 15th January, 2024

+ CS(OS) 21/2018 & I.As. 896/2018, 3252/2020, 19613/2023, 19614/2023, 920/2024

SMT. CHAND GROVER & OTHERS ….. Plaintiffs
Through: Mr. Uma Aggarwal & Mr. Pulkit Aggarwal, Advocates.
versus
M/S MOD CHITS PVT LIMITED & OTHERS ….. Defendants
Through: Ms. Vibha Mahajan Seth & Ms. Teena Srivastava, Advocates for D-1.

CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)
I.A. 14220/2022 (u/O VI Rule 17 r/w Order I Rule 10(2) & Section 151 of CPC, 1908 by plaintiffs for amendments in plaint)

I.A. 5649/2023 (u/O VI Rule 17 r/w Section 151 of CPC, 1908 by plaintiffs for correction of typographical error in amendment application i.e., I.A. 14220/2022)

1. The Application bearing No. 14220/2022 has been filed by the plaintiffs under Order VI Rule 17 r/w Order I Rule 10(2) & Section 151 of CPC, 1908 seeking incorporation of Paragraphs-22(a) to 22(d) in the plaint.
2. The incorporations sought under Paragraphs-22(a) and (b) relate to the factual scenario wherein it is submitted that during the pendency of the present Suit plaintiff No. 3/Smt. Santosh Seth had relinquished her 1/5th undivided share in the suit property in favour her son, plaintiff No. 5/Shri Vikas Seth, vide relinquishment deed dated 30.07.2022 whereby the share of plaintiff No. 5/Shri Vikas Seth got enhanced from 1/15th to 2/15th share.
3. Further, the plaintiff Nos. 4 to 7 have, on account of love and affection, relinquished their 1/3rd share in favour of the plaintiff No. 1 vide Relinquishment Deed dated 02.02.2021. Therefore, the plaintiff No. 1 has now become entitled to 2/3rd undivided share in the suit property.
4. Also, the plaintiffs have sought incorporation under Paragraphs-22(c) and (d) by asserting that the plaintiff Nos. 1 to 3 have executed an Agreement to Sell dated 15.11.2006 in favour of Shri Ashok Goel in respect of their undivided joint share in the suit property.
5. It is stated that after the execution of the Relinquishment Deed dated 02.02.2021 made by the plaintiff Nos. 4 to 7 in favour of the plaintiff No. 1, a Civil Suit No. 01/2022 was filed for Specific Performance and Perpetual Injunction by Shri Ashok Goel against the plaintiff Nos. 1 to 2 seeking Specific Performance of the Agreement to Sell dated 15.11.2006 executed by the plaintiff Nos. 1 and 2 and Shri Subhash Seth in respect of the undivided joint property. The said Suit for Specific Performance was decreed with the consent of both the parties in terms of Settlement dated 23.03.2022 and the Suit was allowed in favour of Shri Ashok Goel on 07.04.2022.
6. It is asserted that Shri Ashok Goel , the proposed plaintiff No. 8, is a necessary party for proper adjudication of the present Suit and is sought to impleaded as plaintiff No. 8.
7. By way of Application No. I.A. 5649/2023, the plaintiffs seek correction of the typographical error made in Application No. I.A. 14220/2022 under Order VI Rule 17 read with Section 151 of CPC, 1908, wherein inadvertently, the plaintiff No. 3 has been mentioned as defendant No. 3 and the year of relinquishment deed was mentioned as 2022 instead of 2020 in Para 22(a) of the proposed amended plaint.
8. The plaintiffs by way of the two captioned applications have thus sought addition of Paragraph-22(a) to 22(d) to incorporate all the facts transpired during the pendency of the Suit by way of amendment in the Plaint along with impleadment of Shri Ashok Goel as the plaintiff No. 8 in the present Suit.
9. The defendant No.1 in its Reply to the Application under Order VI Rule 17 r/w Order I Rule 10(2) and Section 151 of CPC, 1908 has opposed the incorporation of the amendments sought by the plaintiffs. It is further asserted that Shri Ashok Goel is not a necessary party for the adjudication of the suit.
10. Submissions heard.
11. The proposed amendment by way of addition of Paragraphs-22(a) and 22(b) seek to incorporate the execution of two Release Deeds dated 30.07.2022 and 02.02.2021. The Suit was filed in the year 2018, the facts sought to be added are subsequent events.
12. Ms. Vibha Mahajan Seth, learned counsel for the defendant No. 1, submits that she has no objection to the incorporation of Paragraphs-22(a) and 22(b).
13. Therefore, the amendment in the plaint for incorporation of Paragraphs-22(a) and 22(b) is allowed.
14. The Application No. I.A. 5649/2023 seeking correction of the typographical errors made in Paragraph-22(a) sought to be incorporated vide Application No. I.A. 14220/2022 under Order VI Rule 17 read with Section 151 of CPC, 1908, is also allowed.
15. Insofar as the impleadment of Shri Ashok Goel as plaintiff No. 8 to the present Suit is concerned, it is submitted that there is no Sale Deed in his favour till date and the Agreement to Sell does not make him an owner or a person entitled to a share in the subject property.
16. It is observed that Shri Ashok Goel is already a party as an attorney of plaintiff No. 2 and there is no Sale Deed placed on record in his favour entitling him to be impleaded as plaintiff No. 8. Thus, he is not a necessary party to the present suit.
17. Therefore, the impleadment of Shri Ashok Goel as the plaintiff No. 8 is disallowed.
18. As far as the amendment sought by way of Paragraph-22(c) to (d) is concerned, the same is hereby dismissed, for the reason of non-impleadment of Mr Ashok Goel.
19. Accordingly, the present application is partly allowed.
20. The new amended Plaint be filed in terms of the order passed in the present application within 15 days with an advance copy to opposite counsel.
21. Learned counsel for the defendant No. 1 submits that she does not wish to file any Written Statement to the amended Plaint.
22. The applications are accordingly disposed of.
CS(OS) 21/2018
23. List for framing of issues on 16.05.2024.

(NEENA BANSAL KRISHNA)
JUDGE
JANUARY 15, 2024/S.Sharma

CS(OS) 21/2018 Page 4 of 4