IMPORTANT POINT
The main legal point established in the judgment is that an amendment seeking to introduce a time-barred claim and lacking due diligence after the trial has commenced cannot be allowed.

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 second floor (consisting of flats measuring 60 Sq. Yds. on front side and 40 Sq. Yds. on back side) of built-up property no.3, land measuring 100 sq. yards, out of Khasra no. 689 & 690, situated at village Nawade colony known as Om Vihar Phase-IA, Uttam Nagar-110059 ('suit property') under his possession and prayed for the following relief:

"(a) To pass a decree of possession in respect of the Suit Property i.e. the entire first and second floor without roof rights of built up property No. 3, area measuring 100 Sq. yds. out of Khasra No. 689-690 situated at Nawada Majra Hastal colony known as Om Vihar, Phase-1, now phase 1-A, Uttam Nagar, New Delhi-110059 consisting front side 60 sq. Yds. and back side 40 Sq. Yds. on the first and second floor each along with four two wheeler parking rights on the ground floor in stilt parking area of the said building which has been more specifically shown in the red colour in the site plan annexed with the plaint in favour of the Plaintiff and against the Defendants.

(b) To pass a decree of Mesne profit and damages at the rate of Rs. 25000/- per month w.e.f. filing of the present suit till the handing over the peaceful and vacant possession of the Suit Property to the Plaintiff in favour of the Plaintiff and against the Defendants.

(c) To pass a decree of permanent injunction in favour of the Plaintiff and against the Defendants thereby restraining the Defendants, their assignees, legal heirs, attorneys agent etc. from parting with the possession or creating any third party interest in the Suit Property 1.e the entire first and second floor without roof rights of built up property No. 3, area measuring 100 Sq. Yds. out of Khasra No. 689-690 situated at Nawada Majra Hastal colony known as Om Vihar, Phase 1, now Phase 1-A, Uttam Nagar, New Delhi-110059 consisting front side 60 Sq. Yds. and back side 40 Sq. Yds. on the first and second floor each along with four two wheeler parking rights on the ground floor in stilt parking area of the said building which has been more specifically shown in the red colour in the site plan annexed with the plaint.

(d) Cost of the suit may also be awarded in favour of the Plaintiff and against the Defendants.

(e) Any other relief which this Hon'ble Court deed fit and proper may also be passed in favour of the Plaintiff and against the Defendants." (Emphasis supplied)

1.3. The abovesaid suit has been filed by the plaintiff on the basis of collaboration agreement dated 29.08.2011 with regard to reconstruction of the built-up property no.3, land measuring 100 sq. yards, out of Khasra no. 689 & 690, situated at village Nawade colony known as Om Vihar Phase-IA, Uttam Nagar-110059. As per the said collaboration agreement the plaintiff agreed to reconstruct the entire property of the defendant no.1 fr