Amendment of Plaint--Addition of Consequential Relief--It would not change the basic character of the suit in any manner--Application allowed

Raj Mohan Singh, J.

1. This revision petition has been preferred against the order dated 08.08.2017 passed by the Civil Judge (Jr. Divn.) Ludhiana, vide which the application filed by the petitioner for amendment of plaint under Order 6 Rule 17 read with Section 151 CPC was dismissed.

2. Brief facts are that plaintiff filed a suit for declaration to the effect that memo No. 4562 dated 09.05.2013 is null and void, ultra vires, illegal, arbitrary and mala-fide. He also sought perpetual injunction restraining the defendants from cancelling the allotment of plot No. 1495, measuring 250 sq. yds. Measuring 30' x 75' situated at Phase-I, Dugri, Ludhiana which was allotted to the plaintiff vide memo No. 7973 dated 21.09.2010 in open auction. Plaintiff sought further directions against defendants No. 1 and 2 for handing over possession of the plot measuring 250 sq. yds. to the plaintiff by removing encroachment by defendant no. 3 to the extent of 14.58 sq. yds. allotted to defendant no. 3 in an illegal manner.

3. Defendants No. 1 and 2 contested the suit by filing the written statement. Factum of details as given in preliminary objection No. 1 would read as under:-

"1. That the suit of the plaintiff is not maintainable in this present form and is liable to be dismissed. The true facts of the case are that answering defendants auctioned one plot to plaintiff bearing no. 1495 measuring 250 Sq. yds. situated at Phase-I, Dugri, Ludhiana @ Rs. 32000/- per Sq. Yds. It was terms & conditions of the auction/allotment that plot in question is being auctioned on the basis of "as is where is" and further the exact dimensions of the plot and the area are subject to variations as per the measurement at the time of actually delivery of possession at site and further more in case of reduction in area the access amount shall be refunded/adjusted as the case may be. In this case no doubt 250 Sq. yds. were auctioned but at the time of actual measurement it was found 30' x 75' from front side and 28.5'x 75' from backside. Only 6.25 Sq. yds. is less from the 250 Sq. yds. Answering defendants are ready to refund/adjust the amount of 6.25 Sq. yds. When the measurement of both the properties were made it was found 61.9' x 75' instead of 60' x 75' of both the plot 30' x 75' was allotted to both the parties and 1.9' was excess and accordingly 1.9' were given to defendant no. 3 on his written request. Usually we measure the property from the front side and in this case defendants also measure the property from front side. Later on it came to the knowledge of the defendants that the property from the backside is 28.5' instead of 30'. Added here at the time of measurement there were bushes, mud, garbage, rainy water, pits in this property in dispute i.e. why property in dispute could not measured from backside even otherwise it never happens that property from the front side is correct and less from back side. The plaintiff has not deposited the amount as per the terms and conditions, so defendants are going to cancel the plot in question. The plaintiff has not constructed the property within the specified period as mentioned in the auction/allotment letter that's why plaintiff is also liable to pay non construction charges with interest and further plaintiff has not complied with the other terms and conditions of the allotment. No notice has been served upon the glada prior to filing of this case."

4. Plaintiff filed an application under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint, proposing to amend the same by adding the relief of directions to defendants No. 1 and 2 to execute the sale deed and get the sale deed registered in favour of the plaintiff and further restraining defendants No. 1 and 2 from realising the non-construction charges and interest and further directions to defendants No. 1 and 2 to pay the interest @ 24% per annum on the amount of Rs. 80 lakhs deposited with defendants No. 1 and 2.

5. The trial Court dismisse