Hima Kohli, J.

1. The plaintiff has filed the present application under Order VI Rule 17 of the Code of Civil Procedure (for short CPC) for amendment of the plaint, by incorporating therein Paras 16A, 16B, 16C, 23(f) and 23(g) in the body of the plaint, amending Para 18 of the plaint and adding Para (ab) in the prayer clause, as detailed in paras 8 to 11 of the application.

2. The accompanying suit has been instituted by the plaintiff against his three brothers and mother, defendants No. 1 to 4 praying inter alia for partition, declaration and permanent injunction in respect of property bearing No. C-108, N.D.S.E. Part-II, New Delhi.

.3. By an exparte order dated 01.07.1994, the defendants were restrained from alienating, selling or encumbering the above mentioned property or transferring the possession of the property or any part thereof in favour of anyone else. It is the case of the plaintiff that during the pendency of the present suit, it came to his notice that the defendant No. 1 had illegally and in direct contravention to the aforesaid order dated 01.07.1994, sold the entire 1st floor of the abovementioned property to one Mr. Shahzad Zafar Ali, who was subsequentl