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2006 Supreme(All) 1770

RAJES KUMAR
THE PASTOR, CENTRAL METHODIST CHURCH, ALIGARH – Appellant
Versus
KAILASH CHAND SAXENA – Respondent


Advocates:
Counsel :
M.K. Gupta and Nishant Mehrotra for the Petitioner; Y.K. Sinha and Indramani Tripathi for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—By means of the present writ petition under Article 226 of the Constitution of India the petitioner has challenged the order dated 21.12.2002 passed by the Civil Judge (Junior Division), Koil rejecting the amendment application filed by the petitioner seeking the following reliefs:

(i) to issue a writ, order or direction in the nature of certiorari quashing the order of Civil Judge (Junior Division), Koil, Aligarh in Original Suit No. 347 of 1998 dated 21.12.2002 (Annexure-4 to the instant writ petition) and to allow the application 74-Ka seeking amendment in the written statement.

(ii) to issue any other suitable writ, order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the instant case.

(iii) to award costs of this petition to the petitioner.

2. The petitioner is a defendant in suit No. 347 of 1998 filed by the plaintiff-respondents for prohibitory and mandatory injunction, inter alia, on the ground that the petitioner-defendant has raised the boundary wall on the property of the plaintiff-respondent. The suit was contested by the defendants 2 to 4 by filing a written statement. In paragraph 3 of the wri






























































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