TARA V GANJU Vs BASANT & CO..
Bench: K.S. RADHAKRISHNAN,PINAKI CHANDRA GHOSE
Case number: C.A. No.-006273-006273 / 2013
Diary number: 8658 / 2012
Advocates: PRADEEP KUMAR BAKSHI Vs
LAWYER S KNIT & CO
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Non-reportable IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 6273 OF 2013 [Arising out of SLP (Civil) NO.11428 of 2012)
Tara V. Ganju & Anr. .. Appellants
Versus
Basant and Co. & Ors. .. Respondents
J U D G M E N T
K. S. Radhakrishnan, J
Leave granted.
2. The appellant herein instituted a suit on the original side of
the High Court of Delhi which was registered as CS (OS) No.1861
of 1995 for a decree of declaration, cancellation, permanent
injunction, possession and damages regarding property known as
Lakshmi Niwas with the superstructure and also for the
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consequential reliefs. Few applications for amendments of the
plaint were also filed earlier, followed by the present on
04.03.2005, before the trial court proposing amendment to the
valuation para of the plaint and also to bring on record a
subsequent event. The said application was filed proposing
amendment enhancing the valuation of the suit from
Rs.15,00,000/- to Rs.25,25,530/-. Had the amendment been
allowed it would have resulted in ousting the pecuniary
jurisdiction of the trial court and would have transferred the suit
back to High Court. Yet another amendment proposed, was to
bring on record the subsequent event of vacation of the suit
property by tenant M/s Osram Surya (I) Pvt. Ltd. Learned
Additional Judge dismissed the application for amendment vide
order dated 06.10.2009, which was challenged by the appellant
before the High Court and the same was also rejected vide order
dated 11.12.2009. Hence, this appeal by special leave.
3. Shri Jayant Bhushan, learned counsel appearing for the
appellant submitted that what weighed with the courts below was
that if the amendment was allowed then the trial court would
cease to have jurisdiction and matter should have passed over to
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the High Court. Learned counsel, referring to the Judgment of this
Court in Lakha Ram Sharma v. Balar Marketing Private
Limited (2008) 17 SCC 671 submitted that merely because an
amendment may take the suit out of jurisdiction of that court is
no ground for refusing an application preferred under Order VI
Rule 7 of the Code of Civil Procedure.
4. Ms. Bina Madhavan, learned counsel appearing for the
respondents, on the other hand, contended that there is no
infirmity in the orders passed by the courts below warranting
interference. Frequent applications for amendment in the plaint
and subsequent challenge to the orders before the highest court
have caused considerable delay in the final disposal of the suit in
question. In order to give a quietus to the matter, counsel on
either side suggested that a time limit be fixed for early disposal
of the suit.
5. Considering the entire facts and circumstances of the case,
to give a quietus to the litigation and to avoid further multiplicity
of litigation, we are inclined to allow the application for
amendment preferred by the appellant and direct the trial court
to dispose of the suit in accordance with law, at the earliest,
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preferably within a period of six months from the date of receipt
of this order. Ordered accordingly. Parties will cooperate for the
early disposal of the suit and the court would ensure that
unnecessary adjournments be not granted to the parties. Orders
passed by the courts below are accordingly set aside. The
respondents are given three weeks time to file their amended
written statement. The appeal is disposed of, as above, with no
order as to costs.
……………………………..J. (K.S. Radhakrishnan)
……………………………..J. (Pinaki Chandra Ghose)
New Delhi, August 06, 2013