ASHISH GUPTA Versus NEHA CS - 36 of 2023 28.08.2025 Present : Mr. N.K. Bhalla, Advocate, for the applicant/plaintiff. Mr. Rakesh Thakur, Advocate, for the defendant. OMP-354 of 2025 This application has been filed by the applicant/plaintiff with a prayer to amend the plaint. By way of the proposed amendment, the applicant/plaintiff intends to add certain averments by way of paragraph 5.5, inter alia, raising challenge to the legality and validity of notice dated 19.05.2023, issued by the defendant, terminating the agreement to sell dated 25.05.2022. In sequel to the proposed amendment in the body of the plaint, the plaintiff also intends to add prayer ‘D’ in the relief clause, again raising challenge to the aforesaid notice dated 19.05.2023 by seeking decree of declaration to that effect. The applicant/plaintiff contends that though the averments with respect to notice dated 19.05.2023 have already been made in the original plaint and the tone & tenor thereof would reveal that the applicant/plaintiff, right from the beginning has raised challenge to the said notice. However, in order to avoid technical objection at later stage, the proposed amendment is sought to be made, which according to the applicant/plaintiff is merely clarificatory. The non-applicant/defendant has filed the reply. It is submitted that the belated attempt of the applicant/plaintiff to amend the plaint should not be allowed. According to the non-applicant/defendant, the amendment as sought by the plaintiff is not bona fide. Having considered the rival submissions, I am of the considered view that no prejudice shall be caused to the non-applicant/defendant by allowing the amendment as sought by the applicant/plaintiff for the reasons, firstly, that the suit is at the initial stage and the issues have not been yet framed; secondly, the proposed amendment cannot be said to be alien to the subject matter of the suit. It will not change the nature of the suit in any manner. The original plaint contains averments showing dissent of applicant/plaintiff to the conduct of defendant in issuing notice dated 19.05.2023. Thus, the amendment is necessary for adjudication of the matter in controversy. In result, the application is allowed. The amendment as proposed is allowed to be incorporated in the plaint. Amended plaint is already on record. Application stands disposed of. CS - 36 of 2023 Written statement to the amended plaint be filed on or before the next date. List on 15.10.2025. (Satyen Vaidya) Judge 28th August, 2025 (Pardeep)