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2018 (7) TMI 2240 - HC - Indian LawsPresentation of present petition as a petition under Article 227 of the Constitution of India - HELD THAT:- It has been specifically observed to the effect that the nature of the suit would not change by virtue of granting the amendment application where the property has initially been valued at ₹ 13,50,000/- but as the market value was at ₹ 1,20,00,000/- the applicant plaintiff therein had submitted an application for amendment so as to give the correct value of the suit property in the plaint and taking the same into account the amendment sought was granted. In view of the verdicts of the Supreme Court in Mount Mary Enterprises v. Jivratna Medi Treat Private Limited [2015 (1) TMI 1398 - SUPREME COURT], Lakha Ram Sharma v. Balar Marketing Private Limited [2003 (8) TMI 578 - SUPREME COURT] and SUBHASHINI MALIK VERSUS S.K. GANDHI AND ORS. [2016 (9) TMI 1613 - DELHI HIGH COURT] and also the factum that the amendment sought by the plaintiff does not in any manner prejudice the defendant No. 2 i.e., the present petitioner in any manner and does not change the nature of the suit also in any manner and taking into account the factum that defendant No. 2 has himself raised the issue in relation to the aspect of under valuation of the suit property and for the purpose of the court fees and jurisdiction qua which issue no. 8 was framed at the time of framing of the issues coupled with the factum that virtually the trial has yet to commence in as much as the testimonies of the witnesses are yet to be led, it is held that there is no merit in the prayer made by the petitioner seeking the setting aside of the impugned order dated. 2.6.2018 qua the amendment sought by the respondent No. 1 in relation to the para 19 of the plaint. Petition dismissed.
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