BEFORE THE HON’BLE ADDITIONAL DISTRICT JUDGE
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
SUIT NO. OF 2024
IN THE MATTER OF:
MS. RANI BEGUM …PLAINTIFF
VERSUS
MR. TAHIR AND ANR. …DEFENDANTS
INDEX
Sno. Particulars Page
no.
1. APPLICATION ON BEHALF OF THE APPLICANTS 1-4
UNDER ORDER 6 RULE 17 CPC READ WITH
SECTION 151 CPC FOR AMENDMENT OF THE
PLAINT ALONG WITH AFFIDAVIT.
2. AMNEDED PLAINT ALONG WITH THE 5-10
AFFIDAVIT.
DATE:
THROUGH
Suroor Mander, Aishwarya Sudhir, Pradeep
Kanwal (Advocate)
G-34 Ground floor, Basant Vihar, New Delhi-110075
Mobile:- 8750407460
Email: Office@[Link]
BEFORE THE HON’BLE ADDITIONAL DISTRICT JUDGE
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
SUIT NO. OF 2024
IN THE MATTER OF:
MS. RANI BEGUM …PLAINTIFF
VERSUS
MR. TAHIR AND ANR. …DEFENDANTS
APPLICATION ON BEHALF OF THE APPLICANT UNDER
ORDER 6 RULE 17 CPC READ WITH SECTION 151 CPC FOR
AMENDMENT OF THE PLAINT.
MOST RESPETFULLY SHOWETH:
1. That the above captioned suit is pending adjudication before this
Hon’ble Court and is next listed on 02.04.2024.
2. That the above captioned suit for specific relief act and temporary
injunction has been filed by the Applicant/Plaintiff.
Facts leading to filing of the present application
3. That subsequent to filing of the suit, on the first date of hearing this
court pleased to give plaintiff an opportunity to make necessary
amendment in main plaint to make sure plaintiff get fair justice.
4. It is submitted that after perusing the plaint it came into notice of
plaintiff and hon’ble court that there is some error in main plaint of the
above captioned suit.
5. That through the amendment sought by the Applicant/Plaintiff for the
bonafide and inadvertent error, there will be no change in the nature of
the suit and the consequential relief are within the purview of the
amendment sought through the present application.
6. That through the amendment sought for the bonafide and inadvertent
error, defendants shall not be prejudiced in any manner what so ever.
7. That applicant/plaintiff is filing the present application so that no
adverse inference is drawn against the applicant for the bonafide and
inadvertent error.
8. That it is important to mention here that Rules of Procedure are
handmaid of justice and cannot defeat the substantive rights of the
parties. It is well settled that amendment in the pleadings cannot be
refused merely because of some mistake, negligence, inadvertence or
even infraction of the Rules of Procedure. The Court always gives
leave to amend the pleadings even if a party is negligent or careless as
the power to grant amendment of the pleadings is intended to serve the
ends of justice and is not governed by any such narrow or technical
limitations.
The title of the Suit as amended shall be read as follows:
“SUIT FOR SPECIFIC PERFORMANCE OF CONTRACTS BY
DEFENDANTS UNDER SECTION 10 READ WITH SECTION 34 OF THE
SPECIFIC RELIEF ACT, 1963”
9. That in view of the facts mentioned in the preceding paras, it is
evident that amendment prayed have arisen due to inadvertent error on
the part of the Applicant/Plaintiff and are pertinent for proper
adjudication of the issues involved in the present suit. Hence,
sufficient cause exist for allowing the amendment prayed in the above
captioned suit.
[Link] the present application is being filed bonafide and in the interest
of justice and irreparable loss and injury would be caused to the
petitioners if the present application is not allowed.
PRAYER
In the aforesaid premises and in the interest of justice, it is therefore
most respectfully prayed that this Hon'ble Court may be graciously
pleased to:
a) Allow the present application and thereby permit the
Applicant/Plaintiff to amend the existing plaint as per the
present application;
d) Such other or further orders be also passed as this Hon'ble
Court may deem fit and proper in the facts and circumstances
of the present case and to meet the ends of justice.
DATE:
APPLICANT
THROUGH
Suroor Mander, Aishwarya Sudhir, Pradeep Kanwal
(Advocate)
G-34 Ground floor, Basant Vihar, New Delhi-110075
Mobile:- 8750407460
Email: Office@[Link]
BEFORE THE HON’BLE ADDITIONAL DISTRICT JUDGE
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
SUIT NO. OF 2024
IN THE MATTER OF:
MS. RANI BEGUM …PLAINTIFF
VERSUS
MR. TAHIR AND ANR. …DEFENDANTS
AFFIDAVIT
I, Rani Begum, Aged About 58 years, D/o Mr. Saeed Khan, R/o H. No.
1692, Sayyadan Street, Pahari Bhojla, Jama Masjid, Delhi -110006, do
hereby solemnly affirm and declare as under:
1. That I am the Applicant/Plaintiff in this case and therefore I am
competent to swear on this Affidavit and as such well acquainted with
the facts and circumstances of the case and am duly competent to
swear the present affidavit.
2. That the contents of the accompanying application have been read out
to me in my vernacular and explained and I state that the facts stated
therein are based upon the knowledge and documentation which I
believe to be true and correct, while the legal submissions contained
therein are based upon the advice received by me which I believe to
be true.
3. That all the annexures attached in the accompanying application are
true copies of the original.
DEPONENT
VERIFICATION
Verified at New Delhi on this ___ day of ________ 2024 that the
contents of the above affidavit are true and correct to my knowledge and
documentation and no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
