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2008 Supreme(All) 2716

SANJAY MISRA
RAVINDRA KUMAR KOHLI – Appellant
Versus
HARISH CHANDRA KOHLI – Respondent


Advocates:
Counsel :
S.C. Tiwari, Ravindra Kumar Kohli (In Person) for the Revisionist; B.D. Shukla, H.C. Kohli (In Person) for the Respondents.

JUDGMENT

Hon’ble Sanjay Misra, J.—This is a Civil Revision under Section 115 of the Code of Civil Procedure. This Revision is directed against an order dated 12.9.2008 passed in original Suit No. 1055 of 2002, Ravindra Kohli v. Harish Chandra Kohli and others, passed by the Additional Civil Judge (Senior Division) Court No. 1 Kanpur Nagar whereby the amendment application filed by the Revisionist/plaintiff has been rejected.

2. The Revisionist plaintiff filed a suit for declaration that he is the owner of House No. 111-A/89 Ashok Nagar, Kanpur Nagar and is the shareholder to the extent of 60% share of the firm M/s. Kohli Constructions Company by virtue of a registered will deed dated 4.9.1990 executed by his grand mother Smt. Pushpawanti.

3. By the amendment application (170-ka) he sought addition of two paragraphs in his plaint as paragraph No. 14-A and 14-B. By paragraph 14-A he pleaded that

M/s. Kohli Constructions Company was initially constituted in the year 1963 by Sri Natha Mal Kohli wherein Sri Natha Mal Kohli, Sri Desh Raj Kohli and Sri Harish Chandra Kohli were partners. On 19.4.1969 Sri Natha Mal Kohli died and according to his will his wife Smt Pushpawanti Kohli became a p














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