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2005 Supreme(All) 1661

ARUN TANDON
MUKHTAR AHMAD – Appellant
Versus
SIRAJUL HAQ – Respondent


Advocates appeared:
A.P. Srivastava for the Petitioner; Komal Mehrotra for the Respondents.

JUDGMENT

Hon’ble Arun Tandon, J.—Heard Counsel for the parties.

2. Petitioner initiated original suit proceedings No. 302 of 1987 seeking declaration of his title and share over House No. 23/188 as well as for delivery of possession. Respondent No. 1 Sri Sirajul Haq initiated independent original suit proceedings, being Original Suit No. 179 of 1978 claiming title over the entire property with possession thereto. In the suit filed by the petitioner-plaintiff, Sri Sirjul Haq filed his written statement. The petitioner, however, filed an application for amendment of the plaint allegation under Order VI Rule 6 of the Civil Procedure Code. The application was numbered as Paper No. 77Ka. Sri Sirazul Haq, who was defendant in the said suit, filed his objections. The Trial Court by means of the order dated 21.8.2004 has rejected the application filed by the petitioner. Feeling aggrieved by the said order of the First Additional Civil Judge (Senior Division), petitioner preferred Civil Revision No. 239 of 2004 under Section 115 of the Civil Procedure Code. The revision so filed by the petitioner has been dismissed by the District Judge only on the ground that the Revision is directed again























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