The High Court reinforced that amendments are essential for justice, allowing the expansion of claims without changing the suit's fundamental nature, particularly in property disputes based on unproduced evidence.

JUDGMENT

Chandra Dhari Singh, J.

1. The instant petition under Section 115 of the Code of Civil Procedure,1908 (hereinafter "CPC") read with Article 226 of the Constitution of India, has been filed on behalf of the petitioner seeking the following reliefs:

"(i) accept the civil revision petition of the petitioner;

(ii) set-aside and quash the order dated 17.10.2022 passed by the Ld. Trial Court on the application under order 6 Rule 17 of CPC read with Order I Rule 10 CPC filed by the petitioner in Civil Suit No.1 056/2018 titled as Saket Grover Versus Hemant Grover & Anr. presently pending disposal before the Hon'ble Court of Sh. Vishal Singh, ADJ, West, Tis Hazari, Delhi;

(iii) Allow the application under Order 6 Rule 17 read with Order I Rule 10 in favour of petitioner.

(iv) Call for the records of the Civil Suit No. 1056/2018 titled as Saket Grover Versus Hemant Grover & Anr. presently pending disposal before the Hon'ble Court of Sh. Vishal Singh, ADJ, West, Tis Hazari, Delhi and fixed for hearing on 07.02.2023;

(v) cost of the present revision be granted in favour of the petitioner and against the respondents and; Pass any further order (s) that this Hon'ble Court may deem fit and proper in the interest of justice."

FACTUAL MATRIX

2. The details of the parties to the instant dispute are as follows:

a. Sh. Saket Grover, i.e., the petitioner herein, is stated to be the son born out of the wedlock between Late Sh. Surinder Dev Grover and his first wife.

b. Sh. Hemant Grover, i.e., the respondent no. 1 herein, is stated to be the son born out of the wedlock between Late Sh. Surinder Dev Grover and Smt. Surinder Grover, i.e., the respondent no. 2 herein.

c. The respondent no. 2 is stated to be the second wife of Late Sh. Surinder Dev Grover and step mother of the petitioner herein.

3. It has been stated in the plaint that the father of the petitioner namely, Late Sh. Surinder Dev Grover who died intestate on 19th May 1995, had purchased the property bearing No. A-2/199, Paschim Vihar, Delhi-110063, admeasuring about 200 sq. yards (hereinafter Suit Property"), vide Lease Deed dated 27th January 1977, and thereafter, he constructed a structure thereto.

4. It has been further stated that the petitioner was denied his rights in the Suit Property by the respondents. Consequently, the petitioner had instituted a Civil Suit for partition, possession and permanent injunction against the respondents in respect of the Suit Property. The said suit was registered vide Civil Suit bearing No. 1056/2018, titled as `Saket Grover v. Hemant Grover & Anr.' and is pending for adjudication before the learned ADJ-03, West, Tis Hazari, Delhi.

5. In the above said Suit, the respondents, upon issuance of summons, filed their written statement, whereby, they denied the rights of the petitioner to the Suit Property on the ground that the respondent no. 2, who is the second wife of Late Sh. Surinder Dev Grover, has been bequeathed with the Suit Property by virtue of a registered Will dated 25th May 1985, in her favour. It was further stated in the written statement, that the respondent no. 2 is now the owner of the said property by way of a Conveyance Deed dated 17th August 2017, duly registered.