ORDER

% 23.01.2024 I.A. No. 19188/2022 By way of the present application filed under Order VI Rule 17 read with section 151 of the Code of Civil Procedure 1908 („CPC‟), the plaintiff seeks amendment of the plaint.

2. Notice on this application was issued on 21.11.2022; consequent whereupon reply dated 01.12.2022 has been filed on behalf of the defendants.

3. The court has heard Mr. Ishwar Singh, leaned counsel appearing for the plaintiff and Mr. A.P.S. Ahluwalia, learned senior counsel appearing for the defendants at length.

4. The prayer in the suit, as originally filed, reads as under:

“A.

Pass a decree of partition and permanent injunction in joint and undivided property bearing no. H-29 Zamrudpur, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/02/2024 at 18:57:39 CS(OS) 242/2022 Page 2 of 11 B. Pass any or further order as this Hon’ble Court deem fit and proper in view of the facts and circumstances of the present suit in favour of plaintiff and against defendants in the interest of justice.”

Kailash Colony, New Delhi-48, measuring around 200 sq. meters,

(which is already built up and contains constructed basement,

ground floor and first floor) by metes and bounds in favour of the

plaintiff and against the defendants in the interest of justice.

Kailash Colony, New Delhi-48, measuring around 200 sq. meters,

(which is already built up and contains constructed basement,

ground floor and first floor) by metes and bounds in favour of the

plaintiff and against the defendants in the interest of justice.

5. By way of the amendment application, the plaintiff seeks to add para- 7A to the plaint, which reads as follows :

“7A.

That plaintiff settled the dispute regarding plot bearing number 5523 situated at Grama Jogi Chauhan Patwari Shekhar Ranikhet, District Almora Uttarakhand only vide Family Settlement dated 04.01.2018 and did not make any settlement with regards to property in question i.e. H-29 Zamrudpur, Kailash Colony, New Delhi-48 measuring around 200 sq. meter build up property containing basement, ground floor and first floor. It is submitted that defendant have cheated the plaintiff and obtained the signature of the plaintiff under impression that the settlement in regards to property bearing number 5523 situated at Grama Jogi Chauhan Patwari Shekhar Ranikhet, District Almora Uttarakhand thereby cheating the plaintiff. It is further stated that plaintiff never settled the dispute with regards to property H-29 Zamrudpur, Kailash Colony, New Delhi-48 measuring around 200 sq. meter build up property containing basement, ground floor and first floor with defendants and is seeking cancellation of Relinquishment Deed dated 04.01.2018 before Sub Registrar VA Hauz Khas vide Reg. No. 78 in Book No. 1 Vol. No. 2116 on pages 159 to 165 which is liable to be cancelled and declare void being a forged document. Certified copy of Relinquishment Deed Dated 04.01.2018 before Sub Registrar VA Hauz Khas vide Reg. No. 78 in Book No.1 Vol. No. 2116 on pages 159 to 165 is annexed herewith as Annexure A.”

6. In addition, the plaintiff also seeks to add a claim/prayer in the suit, which reads as follows:

“A1. Pass a decree of cancellation of Relinquishment This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/02/2024 at 18:57:39 CS(OS) 242/2022 Page 3 of 11

Deed dated 04.01.2018 before Sub Registrar VA Hauz Khas vide

Reg. No. 78