- (1.)Vide impugned order dated 04.2.2013 the application filed by the plaintiff under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') seeking an amendment of his plaint had been allowed. The appellant/defendant is aggrieved by the said order.
(2.)A suit for recovery of possession, mesne profits had been filed by the plaintiff Harminder Singh against Debamitra Sinha who is stated to be in illegal and unauthorized occupation of the ground floor, mezzanine floor and one garage of the property bearing No.7-A/73-A, Western Extension Area, Karol Bagh, New Delhi (hereinafter referred to as the suit property). The mother of the plaintiff was the owner of the suit property and after her demise the plaintiff has become the owner. During the lifetime of his mother she had inducted A.N.Sinha as a tenant in the suit property. After the demise of A.N.Sinha his wife Rani Sinha was allowed to remain in the suit property till the time of her death which was on 31.7.1992. The present defendant Bebamitra Sinha who is the son of late A.N.Sinha is stated to be in illegal occupation of the suit property.
(3.)The present suit was filed on 29.8.2007. Written statement was filed refuting allegations made in the plaint.