Court dismisses petition challenging amendments to suit valuation & representative substitution.

The court dismissed the petition challenging the order allowing the plaintiff to make amendments to the plaint regarding the valuation of the suit property for court fees and jurisdiction, as well as the substitution of the authorized representative. The court found that the proposed amendments did not change the nature of the suit or prejudice the petitioner. The court emphasized that the trial had not yet commenced, and the issue of under-valuation had already been framed. The petition was dismissed, and the order was sent to the trial court without expressing any opinion on the merits of the suit or evidence related to the specific issue.

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Issues Involved:
1. Treatment of the petition under Article 227 of the Constitution of India.
2. Challenge to the orders dated 2.6.2018 and 5.7.2018 regarding amendment in the plaint.
3. Valuation of the suit property for court fees and jurisdiction.
4. Substitution of the authorized representative of the plaintiff.

Issue-wise Detailed Analysis:

1. Treatment of the petition under Article 227 of the Constitution of India:
At the outset, the petitioner requested that the present petition be treated under Article 227 of the Constitution of India, citing the precedent set in Oil and Natural Gas Corporation Ltd. v. Vijay Mahajan, 237 (2017) DLT 158. The respondent No. 1, who is the main contesting party, did not oppose this request. Consequently, the court directed the Registry to renumber the petition accordingly.

2. Challenge to the orders dated 2.6.2018 and 5.7.2018 regarding amendment in the plaint:
The petitioner challenged the orders of the Additional District Judge-02, Karkardooma Courts, which allowed amendments to the plaint under Order VI Rule 17 CPC. The amendments pertained to the valuation of the suit property for court fees and jurisdiction and the substitution of the plaintiff's authorized representative. The trial court had observed that the plaintiff is the master of his case, and the valuation of the relief is within the plaintiff's domain, subject to the provisions of the Court Fees Act and the Suit Valuation Act. The trial had not commenced, and the defendant No. 2 (the petitioner) had previously sought amendments in the written statement before the plaintiff filed for amendments.

3. Valuation of the suit property for court fees and jurisdiction:
The petitioner argued that the amendment regarding the valuation of the suit property should not be permitted, relying on the Supreme Court's judgment in Suhrid Singh @ Sardool Singh, which differentiates between the court fees payable by executants and non-executants of a deed. The petitioner also cited Anuradha Gupta vs. Veena Devi and Sujata Sharma v. Manu Gupta to support their claim that the amendment sought by the plaintiff was essentially forum shopping and should not be allowed. The petitioner further argued that the trial had already commenced, and there was no due diligence exercised by the plaintiff before seeking the amendment, as per Vidyabai and Ors. v. Padmalatha and Anr.

4. Substitution of the authorized representative of the plaintiff:
The petitioner initially challenged the substitution of the authorized representative of the plaintiff allowed by the impugned order dated 2.6.2018. However, during the proceedings, the petitioner's counsel submitted that they no longer pressed this prayer.

Court's Findings:
The court considered the rival submissions and the precedents cited by both parties. The court referred to the Supreme Court's judgments in Mount Mary Enterprises v. Jivratna Medi Treat Private Limited and Lakha Ram Sharma v. Balar Marketing Private Limited, which support the view that amendments should be allowed unless they change the nature of the suit or cause prejudice to the defendant. The court noted that the amendment sought by the plaintiff did not change the nature of the suit and did not prejudice the defendant No. 2 (the petitioner). The court also observed that the trial had yet to commence, and the issue of under-valuation raised by the defendant No. 2 was already framed as issue No. 8.

Conclusion:
The court found no merit in the petitioner's prayer to set aside the impugned order dated 2.6.2018 regarding the amendment in the plaint. The petition was dismissed, and a copy of the order was sent to the trial court. The court clarified that nothing stated in the order should be construed as an expression on the merits or demerits of the suit or the evidence related to issue No. 8.

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