- (1.) Leave granted. The present Appellants are the Defendant Nos. 1 to 8 in the suit filed by Lt. Col. S.D. Surie (since deceased), now represented by his legal representatives who are Respondent Nos. 1 to 4 in the appeal and shall be referred to collectively as 'plaintiff hereinafter.
(2.) The original Plaintiff filed a suit for declaration claiming that the alienation and sale certificate of property No. 6, Amrita Shergil Marg, New Delhi was void, illegal and ineffective qua his 1/3rd share in the property.
(3.) An application (I.A. No. 516 of 1994) was made by the original Plaintiff seeking amendment in the plaint in 1994 whereby alternative prayer for partition was sought to be added. The application was granted on May 26, 2006. As per the order passed by the Court on May 26, 2006, the amended plaint was to be filed within two weeks therefrom and the Defendant Nos. 1 to 8 were permitted to file their amended written statement within four weeks of the filing of the amended plaint. The fact of the matter is that within two weeks from May 26, 2006, the amended plaint was not filed and it was filed on February 7, 2007. The explanation for delay in filing the amended plaint is that Defendant No. 9 was impleaded and some error crept in the order passed by the Court on May 26, 2006 which was corrected on February 2, 2007.;