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2005 Supreme(All) 2002

SHISHIR KUMAR
IMTIAZ AHMAD – Appellant
Versus
ADDL. DIST. JUDGE – Respondent


Advocates Appeared:
Akhilesh Misra, FARID UDDIN, SALABUDDIN KHAN, SHRIKANT

( 1 ) THIS writ petition has been filed for quashing the order-dated 6/12/2000 passed by the respondent No. 1 (Additional District Judge, Fatehpur) by which the amendment application of the petitioner has been rejected.

( 2 ) THE petitioner filed a suit No. 6 of 1982 in the Court of District Judge, Fatehpur, for the relief of injunction and for cancellation of the sale deed. It has been alleged that during the pendency of the suit, the petitioner was dispossessed from the property in dispute on 20/3/1983. The petitioner filed an amendment application for amendment, claiming the relief of possession. The Learned Civil Judge (Senior Division), Fatehpur, heard the amendment application and allowed the same by judgment and order dated 8/4/1997. The contesting respondents (defendants) filed a Revision No. 46 of 1997 in the Court of District Judge, fatehpur, which was allowed by the judgment and order dated 6/12/2000 and set aside the judgment and order dated 8/4/1997 and rejected the amendment application.

( 3 ) AGGRIEVED by the order - dated 6/12/2000 the petitioner has approached this court.

( 4 ) THE petitioner submits that as at the time of filing the suit, the petitioner was in pos










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