IN THE COURT OF SH. Judge's name, SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number/Case year
IN THE MATTER OF:-
SH. Plaintiff's name….PLAINTIFFS
VERSUS
SH. Defendant's name….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 THE PLAINT
MOST RESPECTFULLY SHOWETH
1.The present suit has been instituted by the Plaintiffs against the Defendant for a decree of permanent and mandatory injunction, and for recovery of rent with interest at the rate of 18% per annum, with pendente lite and future interest, as the Defendant, being a tenant, has neither vacated the suit property nor paid rent to the Plaintiffs. The present suit is pending adjudication before this Hon'ble Court. The contents of the plaint are reiterated and reaffirmed herein, and the same are not reproduced for the sake of brevity.
2.The present application is being preferred by the Plaintiff pursuant to the observations of this Hon'ble Court in its order dated Date of court order (day).Date of court order (month).Date of court order (year), passed on an application filed by the Plaintiff under Section 151 CPC seeking a direction to the Defendant to deposit the rent, arrears of rent and other charges in Court. By way of the aforesaid order, the Hon'ble Court observed that in the suit, the Plaintiff has neither claimed recovery of arrears of rent for the months of Start month of unclaimed arrears to End month of unclaimed arrears, nor has he claimed mesne profits or user charges for the occupation of the suit property after the expiration of the rent agreement.
3.That the Plaintiff has now preferred the present application seeking leave of this Hon'ble Court to amend the plaint accordingly.
4.That the Plaintiff is accordingly seeking leave to amend the prayer paragraph of the present plaint, which pertains to present and future arrears of rent.
5.That in view of the above, the Plaintiff wishes to amend the following paragraphs for the purpose of claiming arrears of rent, and therefore seeks leave of this Hon'ble Court:
a.Paragraph No. 13, which reads as follows:
“That the defendant is liable to pay the amount of Rs.Existing decree amount (whole part),Existing decree amount (remainder) along with pendente lite and future interest, is liable to pay the cost and expenses of the present suit, and the plaintiffs are entitled to receive the said amount. The plaintiffs are further entitled to any other or further relief which the Hon'ble Court may deem fit and proper.”
be replaced with:
“That the defendant is liable to pay the amount of Rs.Amended decree amount (whole part),Amended decree amount (remainder) with arrears of rent, pendente lite and future interest, and is liable to pay the cost and expenses of the present suit. The plaintiffs are entitled to receive the total arrears of rent after the expiration of the rent agreement from Start date of arrears after rent agreement expiry to End date of arrears, i.e. for Number of months of arrears months, as well as future rent till the vacation of the suit property, along with interest at 18% from the due date till its realization.
The plaintiffs are further entitled to any other or further relief which the Hon'ble Court may deem fit and proper.”
b.Paragraph No. 16, which reads as follows:
“That the valuation of the suit has been assessed at Rs. x,Existing suit valuation (middle digits),Existing suit valuation (final digits), on which the requisite court fee of Rs. x,Existing court fee paid (final digits)/- has been affixed.”
be replaced with:
“That the plaintiff has affixed court fee of Rs. x,Amended court fee amount/- on the plaint, and undertakes to pay the deficient court fee as and when required, with the direction and permission of this Hon'ble Court.”
c.The last paragraph, being the prayer paragraph, which reads as follows:
“It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to pass:
1.A decree in favour of the plaintiffs and against the defendant for a sum of Rs. Prayer decree amount (whole part),Prayer decree amount (remainder) along with interest at 18% from the due date till realization.
2.An order directing the defendant to vacate the suit property.
3.A decree of permanent and mandatory injunction restraining the defendant, his agents, representatives, assignees or any person claiming through or under him, from selling, alienating or transferring in any form, or creating any third-party interest in, the suit property in favour of any person.
4.Any other or further reliefs may also be granted in favour of the plaintiffs and against the defendant which this Hon'ble Court may deem fit and proper.”
be replaced with:
“It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to pass:
1.A decree in favour of the plaintiffs and against the defendant for a sum of Rs.Amended prayer amount (whole part),Amended prayer amount (remainder), as well as Rs.Arrear of rent amount (whole part),Arrear of rent amount (remainder)/- as arrears of rent for the period from Arrears period start to Arrears period end, along with interest at 18% from the due date till its realization.
2.An order deciding the rate of rent after the expiry of the rent agreement, and passing a decree for money towards the total arrears of rent after the expiration of the rent agreement from Arrears period start (repeated) to Arrears period end (repeated), i.e. for Number of months of arrears months, as well as future rent till the vacation of the suit property, along with interest at 18% from the due date till its realization.
3.An order directing the defendant to vacate the suit property, and further directing him to pay mesne profits and other charges for the occupation of the suit property.
4.A decree of permanent and mandatory injunction restraining the defendant, his agents, representatives, assignees or any person claiming through or under him, from selling, alienating or transferring in any form, or creating any third-party interest in, the suit property in favour of any person.
5.Any other or further reliefs may also be granted in favour of the plaintiffs and against the defendant which this Hon'ble Court may deem fit and proper.”
6.That the aforesaid amendment is necessary in order to avoid multiplicity of litigation.
7.That the Plaintiff reserves his right to seek further amendment of the plaint, if necessary. The Plaintiff further reserves his right to file the amended plaint in due course, subject to the orders and directions of this Hon'ble Court.
8.That it is submitted that the present application is bona fide and is in the interest of justice. The same may kindly be 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 for filing the amended plaint in accordance with the directions of this Hon'ble Court.
9.That 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 at a preliminary stage. The cause of action remains the same, and the nature of the suit would not be altered by the present amendment. The Plaintiff only seeks to amend the relief in respect of the arrears of rent.
10.That in view of the facts and circumstances stated 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 to file the amended plaint accordingly;
b.Pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
PLAINTIFF
Date:
New Delhi
THROUGH
Counsel's name
ADVOCATE
Address: Counsel's address
Counsel's chamber or office details
Counsel's location line.
Mobile No.: Counsel's mobile number
Email: Counsel's email address
IN THE COURT OF SH. Judge's name (affidavit court), Judge's designation, TIS HAZARI COURTS, DELHI
CASE NO. Case number prefixCase number
IN THE MATTER OF:-
SH. Plaintiff's name (affidavit court)….PLAINTIFFS
VERSUS
Sh. Defendant's name (affidavit court)… DEFENDANT
AFFIDAVIT
I, Deponent's name, W/o Sh. Deponent's husband's name, R/o Deponent's house number, Deponent's street or area, Deponent's city, do hereby solemnly affirm and state as under:
1.That the deponent is Plaintiff No. 1 in the present case. I am fully conversant with the facts and circumstances of the present case and am fully competent to swear and depose to the present affidavit.
2.That the accompanying application has been drafted under my instructions, and I have read and understood its contents. I state that the contents thereof are true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Verification day day of Verification month, Verification year, that the contents of the above affidavit are true and correct to the best of my knowledge and belief; no part thereof is false, and nothing material has been concealed therefrom.
DEPONENT