The court emphasized that the amendment application can be allowed after the commencement of trial if it is made with due diligence and is necessary to decide the real controversy between the parties.

Manmohan Singh, J.

1. By way of this order I propose to decide the following applications :

i) I.A. No.667/2013 (Order 6 Rule 17 read with Section 151 CPC) for amendment of the plaint to bring on record the subsequent events which have taken place post commencement of the trial and to seek additional reliefs of damages and compensation.

ii) I.A. No.668/2013 (Order 7 Rule 14(3) read with Section 151 CPC) for taking on record the additional documents which have come into existence subsequent to the commencement of the trial.

iii) I.A. No. 669/2013 for admitting the additional documents on record and permitting the re-examination of plaintiff to prove them.

2. It is stated in the application being I.A. No.667/2013 that the present application is the second application for amendment of the plaint of the suit to bring on record the subsequent events which have taken place post commencement of the trial of the suit. The first application for amendment was dismissed by this Court on 20th November, 2012 on the grounds that the plaintiff had sought extensive amendments and has failed to disclose the dates on which the subsequent events had come to her knowledge, the dates of application and delivery of the certified copies and also on account of plaintiff not filing the certified copies on record of the case. The F.A.O No. 608/2012 filed by the plaintiff was dismissed as withdrawn on the submissions of the counsel of the plaintiff that fresh applications shall be filed by her before this Court to bring on record the facts and documents which are germane and have arisen subsequent to the framing of the issues.

3. The present suit is for declaration, permanent injunction and restoration of possession of property at A-48, 2nd Floor, Gujranwala CGHS, Vikaspuri, New Delhi-18. The defendant No.1 by way of registered Agreement to Sell and GPA transferred the suit property in favour of defendant No.2. The registration of the documents dated 22nd December, 2008 has been cancelled subsequent to the commencement of trial by way of order of Sub-Registrar-II dated 9th March, 2012 finally confirmed when proceedings in show-cause notice for recall of the said order have been closed on 17th December, 2012.

4. It is stated that after the dismissal of the first application there are events which have changed the conspectus of the case, even otherwise the present application is being filed limited to the two events which have arisen subsequent to the commencement of trial along with application for bringing on record those relevant documents supported by the subsequent facts and for additional of relief towards mesne-profits and damages. It is further stated that these events and documents are germane to the issue and will be of assistance in settling the controversy between the parties and it will be important to bring on record the facts along with supporting documents to show how plaintiff was a victim of a fraud and plaintiff’s suit deserves to be decreed in favour of the plaintiff.

5. The entire chain of events relating to the subsequent facts post commencement of the trial are mentioned in para 4 of the application and under the aforesaid chain of circumstances the plaintiff had not delayed in filing the amendment application for bringing on record the subsequent events which had seen the light of the day after the commencement of trial of the suit. Throughout the trial of the suit, the plaintiff had never sought any adjournment in the case nor had she obstructed the recording of the evidence of her witness.

6. It is further stated that the plaintiff, NRI at Dubai is a housewife and is handicapped in the prosecution of her case on account of her frequent traveling and is completely dependent on the advise of counsel engaged by her.

7. The defendants after manipulation of the registration of Agreement to Sell and GPA dated 22nd December, 2008 had cr