IN THE COURT OF SH. xxxxxxxx, SENIOR CIVIL JUDGE, KARKARDOOMA COURTS: DELHI

CASE NO- xxx/xxxx

                                    IN THE MATTER OF:-

                                    SH. Xxxxxxxxxx                                                ….PLAINTIFFS

VERSUS 

                                    SH. Xxxxxxxxxx                                                 ….DEFENDANT

APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR AMENDMENT OF PLAINT.

MOST RESPECTFULLY SHOWETH

1.  The present suit has been filed by the Plaintiffs against the Defendant for a decree of permanent, mandatory injunction and recovery of rent with interest @ 18% per annum with pendentelite & future interest as the defendant being tenant neither vacating the suit property nor paying rent to the plaintiffs. The present suit is pending adjudication before this Hon’ble Court. The contents of the plaint are reiterated and reaffirmed and the same are not repeated for the sake of brevity.

2. The present Application is being preferred by the Plaintiff, after the observation of this Hon’ble court by way of an order dated xx.xx.xxxx passed on an application u/s 151 CPC for direction to defendant to deposit the rent in court, arrears of rent and other charges filed by plaintiff. By way of the aforesaid, the Hon’ble Court observed that in the suit neither plaintiff has claimed recovery of arrears of rent for the month of xxxx to xxxx nor he claimed mesne profits or user charges for the occupation of suit property after expiration of rent agreement.

3.           That now the Plaintiff has preferred the present Application seeking leave of this Hon’ble Court to accordingly amend the Plaint. 

4.           The Plaintiff is accordingly seeking leave to amend Prayer para of the present Plaint which pertains to present & future arrears of rent.

5.           In view of the above, the Plaintiff wishes amend the following paragraph for the purpose of arrears of rent and therefore seeks leave of this Hon’ble Court:

A.           The para no 13 which is as follows:

“That the defendant is liable to pay the amount of Rs.xx,xxx along with pendent elite and future interest liable to pay the cost and expenses of the present suit and the plaintiffs are entitled to receive the said amount and the plaintiffs are further entitled for any other or further relief which the Hon’ble court may deem fit and proper”.

May be replaced with:

“That the defendant is liable to pay the amount of Rs.xx,xxx with arrear of rent pendent elite and future interest liable to pay along the cost and expenses of the present suit and the plaintiffs are entitled to receive the total arrears of rent after the expiration of Rent agreement  from xxxx to till date xxxx i.e for  8 months as well as future rent till the vacation of suit property along with 18% interest from the due date till its realization.

As well as the plaintiffs are further entitled for any other or further relief which the Hon’ble court may deem fit and proper”.

B.          The paragraph no.16 which is as follows:

That the valuation of the suit has been assessed to Rs. x,xx,xxx on which requisite court fee of Rs. x,xxx/-has been affixed.

May be replaced with:

That the plaintiff affixed Rs x,xxx/- court fee with the plaint and undertakes to file deficient court fees as and when required with the direction and permission of this Hon’ble court.

C.          The last Paragraph being the prayer paragraph,  which is as follows:

“It is therefore most respectfully prayed that Hon’ble Court may kindly pass :

1.   A decree in favor of the plaintiffs and against the defendant for a sum of Rs. xx,xxx along with 18% interest from the due date till realization.

2.   Pass an order to direct the defendant to vacate the suit property.

3.   A decree of permanent and mandatory injunction restraining the defendant, his agents, representatives, assignees or anybody claiming through or under them from selling, alienating, transferring in any form & Creating any third party interest in the suit property in favor of any person .

4.   Any other or further reliefs may also be granted in favor of the plaintiffs and against the defendant, which this Hon’ble Court may deem fit and proper.

May be replaced with:

“It is therefore most respectfully prayed that Hon’ble Court may kindly pass :

1. A decree in favour of the plaintiffs and against the defendant for a sum of Rs.xx,xxx as well as Rs.xx,xxx/- arrear of rent for period from xxxx to xxxx along with 18% interest from the due date till its realization.

2.Pass an order to decide the rate of rent after the expiry of rent agreement  and pass a decree of money for total arrears of rent after the expiration of Rent agreement  from xxxx to xxxx i.e for  xx months as well as future rent till the vacation of suit property along with 18% interest from the due date till its realization.

3.Pass an order to direct the defendant to vacate the suit property and also direct to pay mesne profit & other charges for occupation of the suit property.

4.A decree of permanent and mandatory injunction restraining the defendant, his agents, representatives, assignees or anybody claiming through or under them from selling, alienating, transferring in any form & creating any third party interest in the suit property in favor of  any person .”

5.Any other or further reliefs may also be granted in favor of the plaintiffs and against the defendant, which this Hon’ble Court may deem fit and proper.

6. The aforesaid amendment is necessary in order to avoid the multiplicity of litigations.

7. The Plaintiff reserves its right to seek further amendments of the Plaint, if necessary. The Plaintiff further reserves it right to file the amended Plaint in due course, subject to the orders/ directions of this Hon’ble Court.

8.        It is submitted that the present Application is bona fide and in the interest of justice. The same maybe kindly considered in light of the above and this Hon’ble Court may be pleased to allow the same. The Plaintiff shall accordingly take appropriate steps in for filing the Amended Plaint, as per the directions of this Hon’ble Court.

9.        It is submitted that no hardship or prejudice would be caused to the Defendant if the present application is allowed as the suit is still in the preliminary stage. The cause of action remains the same and nature of the suit would not change by way of the present amendment. The Plaintiff only seeks to amend the relief for the arrears of rent.

10.       In view of the facts and circumstances mentioned above, the Plaintiff most respectfully prays that this Hon’ble Court may be pleased to:

a.           Allow the present application and permit the Plaintiff to amend the present plaint and accordingly file the amended plaint;

b.           Pass any such order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. 

                                                                                              PLAINTIFF

Date:

                                                                                                THROUGH

New Delhi                           

                                                                                                                                                               XXXXXXXXXX

ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXX.

Mob.No.- XXXXXXXXXX

                                                                         Email: XXXXXXX.XXX

IN THE COURT OF SH. XXXX,XXXXXXXXX, TIS HAZARI COURTS, DELHI

CASE NO____XXXX

                                    IN THE MATTER OF:-

                                    SH. xxxxxxxxxx                                                ….PLAINTIFFS

                                        VERSUS 

                                    SH. xxxxxxxxxxx                                              .….DEFENDANT

AFFIDAVIT

I, xxxxxxx W/o Sh. Xxxxxxxx R/o xxxxxx,xxxxx,xxxx, do solemnly state and affirm as under:

1.      That the deponent is Plaintiff no.1 in the present case. I am fully aware of the facts and circumstances of the present case and I am fully competent to swear and depose the present affidavit.

2.      The accompanying Application has been drafted under my instructions and I have read and understood the contents of the same. I state that the contents therein are true to the best of my knowledge.  

DEPONENT

        VERIFICATION:

Verified at New Delhi on this ___ day of xxx, xxxx, that the contents of the above affidavit are true to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.

DEPONENT