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1997 Supreme(Del) 196

S.N.KAPUR
KAYMES CO OPERATIVE GROUP HOUSING SOCIETY LIMITED – Appellant
Versus
M. M. GUPTA – Respondent


Advocates Appeared:
R.M.OHRI, RANDHIR JAIN

S. N. Kapoor,j.

( 1 ) THIS revision challenges an order allowing the application for amendment seeking relief of cancellation of draw of lots held on 22nd March, 1992 of the allotment of the flats at Plot No. 3, Block 17, Geeta Colony, Delhi-31.

( 2 ) THE respondent is a member of the petitioner/socity According to his version, the office bearers of the Society have manipulated the accounts and misappropriated funds of the Society in purchase and sale of the property of the Society. As such, the respondent felt dissatisfied and apprehending that the office bearers of the Society would manipulate the things, filed a suit for permanent injunction restraining the petitioner/society from holding a draw of lots for the allotments of the flats. As the stay was not granted, the draw of lots had taken place on 22nd March, 1992. Hence the need to amend the plaint.

( 3 ) THE defendant/revision petitioner moved an application under Order 7 Rule II on the ground that the suit was barred by Section 60 and as such the suit was not maintainable under Order 7 Rule 11. That application was not disposed of. The respondent was directed to file written statement against that order. The petitioner/soci








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