- (1.) This writ petition has been filed assailing the order dated 20.09.2018 whereby, the application filed by the petitioner- plaintiff under Order 6 Rule 17 read with Section 151 CPC has been dismissed.
(2.) The facts in brief are that the petitioner-plaintiff filed a suit for specific performance, cancellation of sale deed/single lease deed, possession and permanent injunction. During pendency of the suit, the respondent No.11 i.e. P.P. Colonizers Private Ltd. vide registered sale deed dated 11.03.2015 sold the disputed land in favour of M/s. Name Developers which, came to be impleaded as defendant No.11-A in the suit on application by the petitioner under Order 1 Rule 10 (2) read with Section 151 CPC. Thereafter, the petitioner filed an application under Order 6 Rule 17 read with Section 151 seeking amendment in the plaint seeking to assail the registered sale deed dated 11.03.2015 executed by the defendant No.11 in favour of the defendant No.11-A and its cancellation. Learned trial Court has, vide order impugned herein, rejected the application.
(3.) Assailing the order dated 20.09.2018, it is contended by learned counsel for the petitioner that the learned trial Court did not appreciate that the amendments sought were consequential in nature on account of impleadment of the defendant No.11-A and pertained to subsequent developments which should have been allowed. He contended that in order to have complete and effective relief, it was essential for him to have assailed the sale deed dated 11.03.2015 and to have a decree of its cancellation. He also submitted that the order impugned dated 20.09.2018 is non-speaking one. He has placed reliance upon judgments of the Hon'ble Apex Court in Rajesh Kumar Aggarwal & Ors. versus K.K. Modi & Ors. reported in 2006 (4) SCC 385 and Abdul Rehman & Anr. versus Mohd. Ruldu & Ors. reported in 2013(1) DNJ 75.;