2015 (1) TMI 1398

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....led a suit against the present respondent, who has been hereinafter described as a defendant, for specific performance of a contract in relation to the suit property. The suit property was initially valued at Rs. 13,50,000/- (Rupees Thirteen lacs and fifty thousand only). The plaintiff, thereafter, realized that market value of the property in question was around Rs. 1,20,00,000/- (Rupees One Crore and Twenty lacs only) and therefore, filed an application for amending the plaint. The said application for amendment was rejected by the trial court and thereafter, the aforestated writ petition was filed by the plaintiff challenging the order rejecting the amendment application. The said petition has also been dismissed and therefore, the plain....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ue of the said property was Rs. 1,20,00,000/-. For the aforesaid reasons, it had been submitted by him that the impugned judgment confirming the order rejecting the amendment application should be set aside and the appellant should be permitted to amend the plaint. 5. On the other hand, the learned counsel appearing for the respondent- defendant had submitted that the amendment application was filed at a belated stage with an oblique motive. According to him, in pursuance of the said amendment, the suit was to be transferred to the High Court and only with an intention to see that the suit is transferred to the High Court on its original side, the plaintiff wanted to amend the plaint. It had, therefore, been submitted by him that the amend....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ade in the written statement the plaintiff wanted to amend the plaint so as to incorporate correct market value of the suit property, the defendant could not have objected to the amendment application whereby the plaintiff wanted to incorporate correct value of the suit property in the plaint by way of an amendment. The other contention that the valuation had already been settled cannot also be appreciated since the High Court has held that the said issue was yet to be decided by the trial Court. 9. The main reason assigned by the trial court for rejection of the amendment application was that upon enhancement of the valuation of the suit property, the suit was to be transferred to the High Court on its original side. In our view, that is ....