Case: N.C. Bansal Vs. Uttar Pradesh Financial Corporation &amp; Another

2. This appeal is filed by the plaintiff against the final judgment and order dated 19.12.2016 passed by the High Court of Delhi at New Delhi in CM(M) No. 1223 of 2016 whereby the High Court dismissed the petition and upheld the order of the Trial Court dated 21.09.2016 in Civil Suit No.7930 of 20165. The appellant is the plaintiff and the respondents are the defendants in the suit out of which this appeal arises6. The appellant (plaintiff) has filed a civil suit being Civil Suit No. 252/2005 now renumbered as (C.S. No 7930/2016) against the respondents (defendants) in the Court ofGuardian Judge (West) Delhi7. The appellants suit is for a declaration and permanent injunction in relation to certain properties (hereinafter referred to as the suit property)The appellant has claimed the following reliefs:It is, therefore, most respectfully prayed that the Honble Court be pleasedto pass the decree of declaration as the said property (at the second floor) bearing No.21 NWA Club Road, Punjabi Bagh Extn., New6 is not a collateral security or not a mortgage property under the defendants and also to pass a decree of permanent injunction in favour of the plaintiff and against the defendants thereby restraining the defendants its agents, servant, attorneys, nominees etc. etc. from taking forcible possession or selling of the said premises bearing No.21, NWA Club Road, Punjabi Bagh Extn., New6 (situated at second floor on plot no.21 in NVVA in the layout plan of the Adarsh Shawan. House Building Society Ltd. Colony known as Punjabi Bagh Extn. In the area of Viii Madipur,6 as shown in red colour in the site plan and from creating any interference in the use and enjoyment of the said property, in the interest of justiceAny other relief, which this Honble Court may deem fit and proper be also passed in favour of the plaintiff and against the defendants along with the cost of the suit8. The respondents have filed their written statement and denied the appellants claim set up in the plaint. The respondents, however, also raised certain legal objections regarding the maintainability of the appellants suit. The Trial Court upheld the objections raised by the respondent and accordingly dismissed the appellants suit vide judgment/decree dated 20.09.2011 in the initial stage itself as not maintainable9. The appellant felt aggrieved and filed appeal being R.C.A. 121/14/11 before the Additional District Judge, Tis Hazari Court, New Delhi. By order dated 20.11.2014, the first Appellate Court allowed the appellants appeal and while setting aside the judgment/decree of the Trial Court remanded the case to the Trial Court for deciding the suit on merits10. It appears that the respondents (defendants) did not take up the matter to the High Court against the order of the first Appellate Court and, therefore, the case has now gone back to the Trial Court to proceed with the trial in the suit11. After remand, the appellant (plaintiff), as mentioned above, filed three applications in his pending suit. One was under Order 7 Rule 14 of Code seeking permission to file some additional documents, second was an application under Order 6 Rule 17 seeking amendment in the plaint and the third application was for a direction to the respondents for production of some original documents12. The respondents (defendants) opposed the applications filed by the appellant. The Trial Court by order dated 21.09.2016 dismissed the applications filed by the appellant (plaintiff)13. The appellant felt aggrieved and filed writ petition under Article 227 of the Constitution of India in the High Court of Delhi. By impugned order, the Single Judge dismissed the appellants (plaintiffs) writ petition and upheld the order of the Trial Court14. Against the said order, the appellant(plaintiff) has felt aggrieved and filed this appeal by special leave in this Court questioning its legality and correctness.

Reasoning: 16. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the order of the Trial Court dated 21.09.2016 and also the impugned order of the High Court allow the two applications filed by the plaintiff (appellant herein), namely, application filed under Order 7 Rule 14 and the application filed under Order 6 Rule 17 of the Code17. We have perused the pleadings and also the two applications under consideration filed by the appellant. In our considered opinion, both the applications filed by the appellant(plaintiff) should have been allowed and he should have been permitted to amend the plaint and file the additional documents18. It is for the reason that firstly, the suit is still at the initial stage, i.e., the trial has not yet begun; Second, the proposed amendment sought in the plaint does not change the nature of suit; Third, the applications could not be said to have been filed by the plaintiff belatedly because the suit had been dismissed by the Trial Court as not maintainable in its initial stages and for all these years it was sub judice in appeal. It is only after the Appellate court remanded the case to the Trial Court for its trial, the appellant (plaintiff) filed the applications in the suit and sought permission to amend the plaint and file certain documents in support thereof; Fourth, the Courts, in these circumstances, should have been liberal in allowing the proposed amendment19 So far as the filing of documents is concerned, this application too should have been allowed on the same grounds on which we have allowed the amendment application. In other words, when the suit is still at its initial stage and the trial is yet to begin and when the documents filed are alleged to be that of the respondents themselves having obtained through RTI, there is no reason why the appellant(plaintiff) be not allowed to file them20. So far as the third application for production of documents by the respondents is concerned, no argument was advanced by the learned counsel for the appellant.