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2002 Supreme(Del) 481

M.A.KHAN
DHARAM CHAND – Appellant
Versus
R. K. JHA – Respondent


Mahmood Ali Khan

( 1 ) THIS revision petition is filed by the petitioner, who is the plaintiff in the suit, assailing the order of an Additional District Judge dated 4. 12. 2000 whereby he had dismissed his application filed under Order 6 Rule 17 CPC and had declined to allow an amendment in the plaint.

( 2 ) BRIEFLY stated the facts are that the plaintiff has filed a civil suit for recovery of Rs. 4,00,000. 00 from the defendant Mr. R. K. Jha. Assistant Commissioner of police. Vivek Vihar,delhi as damages for causing mental injuries and defamation. It is alleged that he is owner of a property in village Karkardooma. He filed a civil suit against the DDA in which interlocutory injunction was granted. During the pendency of the civil suit the defendant, the then ACP, Vivek Vihar tried to demolish the suit property in contravention of the injunction order. He also caused harassment to the plaintiff causing him mental injury and defamation for which he was liable to pay the damages. It was submitted that a legal notice was sent to the defendant and the permission was also sought from the competent authority for filing the suit but no reply has been received.

( 3 ) THE defendant contest















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