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2007 Supreme(All) 16

RAKESH TIWARI
MANNI LAL GUPTA – Appellant
Versus
WAQF HAJI INAYAT HUSSAIN – Respondent


Advocates appeared:
A.K. Mehrotra and Nishant Mehrotra for the Petitioner; S.C. for the Respondents.

JUDGMENT

Honble Rakesh Tiwari, J.—Heard Counsel for the parties and perused the record.

2. By means of this writ petition the petitioner has challenged the order dated 22.5.2006 rejecting the recall application filed by the petitioner for recall of the order dated 24.8.2005 as well as for quashing the order dated 24.8.2005 dismissing the SCC revision registered as Misc. Case No. 496/74 of 2005 and the order dated 19.5.2005 passed by the Judge Small Causes Court, Kanpur Nagar in the aforesaid SCC suit No. 33 of 2003.

3. Brief facts of the case are that the respondents filed SCC suit No. 33 of 2003 in the Court of Judge Small Causes Court, Kanpur Nagar. The suit was contested by the petitioner by filing written statement. The petitioner moved an amendment application under Order 6 Rule 17 of the C.P.C. for amending the written statement wherein it was averred that on account of some confusion that certain important facts and grounds could not be stated/taken in the written statement of the applicant-defendant and the said mistake came to the knowledge of the applicant-defendant while preparation of the case for final hearing.

4. It was also averred in the amendment application that the p




























































































































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