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2007 Supreme(All) 319

S.N.SRIVASTAVA
S N SRIVASTAVA – Appellant
Versus
HASAN MOHD UMAR – Respondent


Advocates:
A.K.GUPTA, Jokhan Prasad, M.K.Gupta, Ramesh Rai,

S. N. SRIVASTAVA, J.

By way of this writ petition, petitioner challenges the order dated 1-5-2001 passed by District Judge dismissing revision preferred against the order dated 18-1-2001 passed by Trial Court rejecting amendment application.

2. Heard learned Counsel for the petitioner and learned Standing Counsel for the opposite parties.

3. Facts borne out from the record are that plaintiff filed a Suit No. 395 of 1978 for possession of land in dispute, for demolition and for permanent injunction restraining defendant from interfering in possession of petitioners house.

4. It appears from the record that in paragraph 6 of the plaint, averments are that the plaintiff purchased the land in suit from Smt. Fatma through sale deed dated 15-5-1978. Thereafter defendant forcibly and illegally took possession of a portion of land in suit. By way of amendment petitioner wanted to amend one word in plaint by substituting year 1978 in place of 1977 on the ground that by clerical error, instead of 1978, 1977 was written. Amendment application was rejected by Courts below. These orders are impugned in the present writ petition.

5. From perusal of record, it clearly transpires that plaintiff in









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