Indira v. Nagarajan

1

A.No.319 of 2020 in C.S.Nos.112 of 2018 and 561 & 562 of 2019

SENTHILKUMAR RAMAMOORTHY.J.

This application is filed under Order VI Rule 17 of the CPC to amend the plaint by inserting Para 16A after Para 16 of the Plaint as follows:

"16-A The defendant is a Green Card Holder of United States of America. The Suit property was purchased in Public Auction and the said Deepak become absolute owner of the property by virtue of the Release Deed. The alleged Sale relied on by the defendant become abinitio void. As a Green Card Holder of U.S. without verifying the title and without obtaining prior permission from the Reserve Bank of India allegedly purchased Front Portion of the property. Any purported Sale relied on by the defendant is not binding on the plaintiff. Hence the plaintiff herein filed the above suit to protect her right and title over the property."

1. I heard the learned counsel for the applicant/plaintiff and the learned counsel for the respondent/defendant. The learned counsel for the applicant/plaintiff submitted that the suit is filed for a declaration that the alleged sale deed dated 25.08.1983 executed in favour of the respondent is ab initio void and for a permanent injunction restraining the respondent/defendant from interfering with the possession of the applicant. He further submitted that the averments in paragraph 16A are important for purposes of deciding the case but it would not have the effect of altering the nature or character of the suit. Therefore, he submitted that this application is liable to be allowed.

SENTHILKUMAR RAMAMOORTHY.J.