JUDGMENT :

This application has been preferred by plaintiff under Order 6 Rule 17 of the Code of Civil Procedure (for short “CPC”) seeking amendment in the plaint by adding sentences in para 4 of the plaint and insertion of para 4A after para 4 of the plaint.

2. Stage of the suit is that written statement stands filed and replication thereto is yet to be filed.

3. Plaintiff has filed a suit claiming ownership of plaintiff on entire Cecil Hotel Estate including the Hotel Oberoi Cecil of which Cecil Annexee also forms a part and parcel thereof.

4. In the written statement objection has been taken by the defendant that owner of the property is Bhagwanti Oberoi Charitable Trust and not the plaintiff and, therefore, locus of plaintiff has been disputed to maintain the suit.

5. By way of proposed amendment, plaintiff seeks addition of certain sentences in para 4 of the plaint, stating therein that plaintiff is owner of structure known as Regent House Apartments and the said structure has been built on land which is property of Bhagwanti Oberoi Charitable Trust and plaintiff Company’s predecessor-in-interest EIH Limited was granted a permanent license by the aforesaid Trust to build and const