IMPORTANT POINT
Courts should be liberal in allowing proposed amendment.

JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed by the plaintiff against the final judgment and order dated 19.12.2016 passed by the High Court of Delhi at New Delhi in CM(M) No. 1223 of 2016 whereby the High Court dismissed the petition and upheld the order of the Trial Court dated 21.09.2016 in Civil Suit No.7930 of 2016.

3. In order to decide the short question, it is not necessary to set out the facts in detail and mentioning of the few facts alone would suffice.

4. The controversy involved in the appeal is whether the two Courts below were justified in dismissing the three applications filed by the plaintiff in a pending suit, namely, (i) application under Order 7 Rule 14 of the Code for filing of documents, (ii) application under Order 6 Rule17 of the Code seeking amendment in the plaint, and (iii) application seeking directions against the respondents for production of some original documents.

5. The appellant is the plaintiff and the respondents are the defendants in the suit out of which this appeal arises.

6. The appellant (plaintiff) has filed a civil suit being Civil Suit No. 252/2005 now renumbered as (C.S. No 7930/2016) against the respondents (defendants) in the Court of JSCC-Cum ASCJ-cum-Guardian Judge (West) Delhi.

7. The appellant's suit is for a declaration and permanent injunction in relation to certain properties (hereinafter referred to as "the suit property”). The appellant has claimed the following reliefs:

“It is, therefore, most respectfully prayed that the Hon’ble Court be pleased - to pass the decree of declaration as the said property (at the second floor) bearing No.21 NWA Club Road, Punjabi Bagh Extn., New Delhi-110026 is not a collateral security or not a mortgage property under the defendants and also to pass a decree of permanent injunction in favour of the plaintiff and against the defendants thereby restraining the defendants its agents, servant, attorneys, nominees etc. etc. from taking forcible possession or selling of the said premises bearing No.21, NWA Club Road, Punjabi Bagh Extn., New Delhi-110026 (situated at second floor on plot no.21 in NVVA in the layout plan of the Adarsh Shawan Co-op. House Building Society Ltd. Colony known as Punjabi Bagh Extn. In the area of Viii Madipur, Delhi-110026 as shown in red colour in the site plan and from creating any interference in the use and enjoyment of the said property, in the interest of justice.

Any other relief, which this Hon’ble Court may deem fit and proper be also passed in favour of the plaintiff and against the defendants along with the cost of the suit.”

8. The respondents have filed their written statement and denied the appellant's claim set up in the plaint. The respondents, however, also raised certain legal objections regarding the maintainability of the appellant's suit. The Trial Court upheld the objections raised by the respondent and accordingly dismissed the appellant's suit vide judgment/decree dated 20.09.2011 in the initial stage itself as not maintainable.

9. The appellant felt aggrieved and filed appeal being R.C.A. 121/14/11 before the Additional District Judge, Tis Hazari Court, New Delhi. By order dated 20.11.2014, the first Appellate Court allowed the appellant's appeal and while setting aside the judgment/decree of the Trial Court remanded the case to the Trial Court for deciding the suit on merits.

10. It appears that the respondents (defendants) did not take up the matter to the High Court against the order of the first Appellate Court and, therefore, the case has now gone back to the Trial Court to proceed with the trial in the suit.

11. After remand, the appellant (plaintiff), as mentioned above, filed three applications in his pending suit. One was under Order 7 Rule 14 of Code seeking permission to file some additional documents, second was an application under Order 6 Rule 17 seeking amendment in the plaint and the third application was for a direction to the respondents for production of s