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2007 Supreme(J&K) 67

MANSOOR AHMAD MIR
Ali Mohd. Magloo – Appellant
Versus
Ab. Hamid Magloo – Respondent


Advocates Appeared:
Advocate For Appellant: M.Y. Bhat
Advocate For Respondent: Zahoor A. Shah

1. This revision petition is directed against the order dated 20th November, 2006 passed by 1st Additional District Judge, Srinagar in a suit titled Ali Mohammad Magloo v. Abdul Hamid Magloo whereby and whereunder application of the plaintiffs for permitting to amend the plaint came to be dismissed.

2. Heard.

Plaintiffs have sought twin reliefs in the application; one for arraying Ghulam Nabi as a party in the array of defendants; and second to amend para-12 of the plaint.

3. The prayer for arraying Ghulam Nabi Magloo as a party defendant came to be rejected earlier and that order had attained finality and despite of that plaintiffs have sought again this prayer. It appears that during the course of arguments, the learned counsel for the appellant was constrained to give up the prayer of arraying Ghulam Nabi Magloo as defendant when he was asked by trial court that prayer stands already rejected. Accordingly, application to that extent was not pressed by learned counsel for the plaintiffs.

4. The application for amending para-12 of the plaint came to be rejected rightly and legally for the following reasons:

5. In para-12 of the plaint, the plaintiff has pleaded how he got knowledge of









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