Mount Mary Enterprises Versus M/s. Jivratna Medi Treat Pvt. Ltd.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1323 OF 2015

(Arising out of Special Leave Petition (Civil) No.10161 of 2014)

Mount Mary Enterprises . … Appellant

Versus

M/s. Jivratna Medi Treat Pvt. Ltd. … Respondent

 

The appellant, who has been described as a plaintiff hereinafter, filed a suit against the present respondent, who has been hereinafter described as a defendant, for specific performance of a contract in relation to the suit property. The suit property was initially valued at Rs.13,50,000/- (RupeesThirteen lacs and fifty thousand only). The plaintiff, thereafter, realized that market value of the property in question was around Rs.1,20,00,000/- (Rupees One Crore and Twenty lacs only) and therefore, filed an application for amending the plaint. The said application for amendment was rejected by the trial court and thereafter, the aforestated writ petition was filed by the plaintiff challenging the order rejecting the amendment application. The said petition has also been dismissed and therefore, the plaintiff has approached this Court and prayed that the impugned judgment confirming the order rejecting the amendment of the plaint be set aside and the plaintiff be permitted to amend the plaint so as to state correct value of the property in question, which is Rs.1,20,00,000/-.The learned counsel appearing for the appellant-plaintiff had submitted that the amendment application had been rejected by the trial court for the reason that the said amendment was made at a belated stage and by virtue of the said amendment, the suit was to be transferred to the High Court on its original side. It had been further submitted that the amendment was made in good faith and by virtue of the said amendment no harm was to be caused to the defendant and the nature of the suit was also not going to be changed. It had been further submitted that the appellant was also prepared to affix additional court fee stamp as valuation of suit was increased to Rs.1,20,00,000/-….read more