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DELHI HIGH COURT
ASHA MENON
Shivani Mittal – Appellant
Versus
Indu Gupta – Respondent
| Table of Content |
|---|
| 1. petition filed under article 227 against dismissal of amendment application. (Para 1) |
| 2. arguments regarding necessity of amendments for just disposal. (Para 2 , 3) |
| 3. defense based on registered gift deed and its implications. (Para 4) |
| 4. factors for considering amendments in the case. (Para 5 , 6) |
| 5. court's concerns about malafide and rights in terms of property. (Para 7 , 8 , 9) |
| 6. details of specific amendments proposed by the petitioner. (Para 10) |
| 7. amendments do not change defense nor cause prejudice. (Para 11) |
| 8. impugned order set aside and amendments allowed. (Para 12) |
| 9. conclusion and no costs order. (Para 13 , 14 , 15) |
JUDGMENT
[VIA VIDEO CONFERENCING]
1. This petition under Article 227 of the Constitution of India has been filed by the defendant before the learned Trial Court against the order dated 10th March, 2021, whereby, the application moved by the petitioner under Order VI Rule 17 CPC was dismissed.
2. Mr. Vikas Aggarwal, learned counsel for the petitioner, submitted that the impugned order does not consider whether the amendments sought were necessary for the just disposal of the case. It was submitted that the pleas were not available to the pet
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