At the initial stage of the suit, it is in the interest of justice to allow the plaintiff to amend the plaint and rely on relevant documents to bring about a full and final adjudication of all the disputes between the parties.

JUDGMENT

Navin Chawla, J. (Oral)

I.A.8689/2021

1. This application has been filed by the plaintiff seeking to amend the plaint by adding a challenge to the Conveyance Deed dated 03.06.2013 executed by the Delhi Development Authority (in short, `DDA') in favour of the defendant no.1 as a sole proprietor of the Industrial Plastics Company (which the plaintiff claims was the sole proprietorship of the father of the parties), conveying the industrial plot bearing no. C-256, Rewari Lane, Industrial Area, Phase II, New Delhi-110064 in favour of the defendant no.1.

2. The plaintiff claims that the execution of the Conveyance Deed came to the knowledge of the plaintiff only on the written statement being filed by the defendant no.1.

3. The learned counsel for the plaintiff submits that, in fact, the DDA by its letter dated 06.08.2010 addressed to the defendant no.2, had stated as under:

"Sub: Mutation of lease deed rights in r/o Industrial plot No. C-256, Rewari Line lndl. Area Ph-II, New Delhi.

Dear Sir/Madam.

Keeping in view the claims and the counter claims and also the disputes amongst the legal heirs of the deceased lessee namely, Sh. H.L. Mahendra, who expired intestate on 17/1/82, I am directed to advise you to get a declaratory decision from a court of competent jurisdiction regarding mutation of the plot in question.

The mutation of the leasehold rights of the above mentioned plot will be carried out in accordance with the said declaratory decision of the court."

4. He submits that the plaintiff was, therefore, of the belief that the property still stands in the name of the father of the parties, late Sh. H.L. Mahendra. It is only with the written statement that the plaintiff learnt that the defendant no.1 has got a Conveyance Deed executed for the suit property in favour of the Industrial Plastics Company claiming it to be the sole proprietorship of the defendant no.1, thereby necessitating a challenge to the Conveyance Deed in form of an amendment to the Plaint.

5. On the other hand, the learned counsel for the defendant no.1 draws my attention to paragraph 13 of the Plaint, which reads as under:

"13. The title of the suit property still stands in the name of HM and the revenue records also reflect his name as the owner. However, the Plaintiff apprehends that his absence from the country can be mis-utilized by the Defendant Nos. IA and 1B to dispose off the suit property to the exclusion of other legal heirs. There has not been any partition of the properties owned by HM after his demise."

6. He submits that the plaintiff has not filed any document in support of the above assertion. In fact, it was the categorical case of the plaintiff himself that the suit property still stands in the name of the father of the parties in the Revenue Record. The plaintiff cannot now improve upon his case.

7. He further submits that the letter dated 06.08.2010, which forms the basis of the present application, was not filed by the plaintiff along with the plaint. The plaintiff without seeking leave of this Court cannot rely upon the same. He must file an application under Order VII Rule 14 of the Code of Civil Procedure, 1908 showing sufficient cause for the said document to be taken on record.

8. I have considered the submissions made by the learned counsels for the parties.

9. The suit is at the initial stage with the issues yet to be framed. The plaintiff has averred that he was not in the knowledge of the execution of the Conveyance Deed in favour of the Industrial Plastics Company with the defendant no.1 claiming to be its proprietor. The plaintiff in the plaint has alleged that the Industrial Plastics Company is the sole proprietorship of the father of the parties. Therefore, by the present amendment, the plaintiff, in my opinion, is not seeking to change the nature of the suit.

10. As noted hereinabove, the suit is at the initial stage. For bringing about a full and final adjudication of all the disputes between the parties, in my