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2024 Supreme(Del) 96

MANMEET PRITAM SINGH ARORA
Narendra Pandey – Appellant
Versus
Jagtar Singh – Respondent


Advocates appeared:
Mr. Ratish Kumar, Advocate, for the Petitioner; Mr. C.M. Sharma and Ms. Sana Hayat, Advocates, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. - This Petition filed under Article 227 of the Constitution of India impugns the order dated 04.09.2019 passed ADJ-06, West District, Tis Hazari Courts, Delhi ('Trial Court') in C.S. No. 11789/2016, titiled as Narender Pandey v. Jagat Singh & Ors., whereby the Trial Court dismissed the application filed by the plaintiff i.e., the Petitioner herein under Order VI Rule 17 of the Code of Civil Procedure, 1908 ('CPC'), seeking amendment in the plaint by incorporating the relief of Specific Performance of the contract (i.e., the alleged unregistered Agreement to Sell ('ATS') dated 16.11.2011).

1.1. For the sake of convenience, the parties are being referred to as per their rank and status before the Trial Court. The Petitioner herein is the plaintiff and the Respondents herein are defendants before the Trial Court.

1.2. The plaintiff filed a suit for possession, recovery of mesne profit and permanent injunction on 28.08.2014, on the specific plea that he was illegally dispossessed by the defendants in July, 2018 by breaking open the locks of the first floor (consisting of flats measuring 60 Sq. Yds. on front side and 40 Sq. Yds. on back side) and sec

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