Devinder Gupta, J.

( 1 ) IN the suit instituted on 5th March, 1979, the plaintiff prayed for grant of a decree for declaration that the orders of defendant in making a demand of Rs. 47,111. 00 with interest in respect of plot No. 112, Block No. A/m, (Dakshani) Shalimar Bagh Residential Scheme, New Delhi (hereinafter REFERRED TO to as "the plot") and subsequently its cancellation and forfeiture of the amount and reauctioning the same is illegal, without jurisdiction and wrongful. As a consequential relief the plaintiff prayed for the restoration of the allotment of the plot in question.

( 2 ) THERE was an office objection as regards Court fee payable on the plaint. Plaintiff sought amendment by moving I. A. 785/79, which was allowed ex parte on 12th March, 1979, since defendant had not yet been summoned. In the amended plaint dated 8th March, 1979 the following prayer was made :-

"a declaratory decree be granted in favour of the plaintiff and against the defendant that the re-auction of the plot No. 112, Block No. A/m, Residential Scheme, Shalimar Bagh, New Delhi, is illegal, without jurisdiction, void and wrongful, and the plaintiff is the owner/allottee of the same. "

( 3 ) SUMMONS

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