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2014 Supreme(All) 714

P.K.S.BAGHEL
SATYA DEV-SHAKUNTLA DEVI EDUCATIONAL TRUST, ETAWAH – Appellant
Versus
ADDITIONAL DISTRICT JUDGE/SPECIAL JUDGE (SC/ST) ACT, ETAWAH – Respondent


Advocates:
Counsel :
Anil Kumar Sharma for the Petitioner.

JUDGMENT

Hon’ble P.K.S. Baghel, J.—This writ petition is directed against the order dated 27.9.2004 passed by the Additional Civil Judge (Junior Division), whereby he has rejected the amendment application moved by the petitioner/appellant under Order VI-Rule17 CPC and the order dated 27 September 2007 passed by the Revisional Court, dismissing the revision.

2. Briefly stated the facts are; the petitioner instituted a suit for permanent injunction in the Court of Civil Judge (Junior Division)-II, Etawah. The petitioner/plaintiff’s case in the Suit is that the plaintiff Sri Satya Dev-Shakuntala Devi Educational Trust is a registered Trust and one Sri Rajendra Kumar Sharma, who has joined the suit in the capacity of the Managing Trustee, manages the affairs of the Trust. The defendant/respondent, who is the tenant in the Trust property, had stopped the payment of the rent from April 1995 and when he was asked to vacate the premises he started illegal construction on the land of the Trust. The respondent/defendant filed his written statement and contested the suit on the ground that a sale-deed was executed in favour of wife of defendant/respondent No. 3 regarding the property, in whic








































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