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1995 Supreme(All) 1153

R.H.ZAIDI
Gopal Pandey – Appellant
Versus
District Judge Ballia – Respondent


Advocates appeared:
Faujdar Rai, K.N.Rai, R.N.Singh, S.N.Singh,

JUDGMENT

R. H. Zaidi, J.

1. Petitioner by means of the present petition under Article 226 of the Constitution of India, challenges the validity of the order dated 8.5.1985 contained in Annexure-IV to the writ petition, whereby the Distt. Judge, Ballia has dismissed the revision filed by petitioner as not maintainable.

2. It appears that the petitioner has filed a suit for permanent injunction restraining the defendants- respondents No. 3 to 5 from interferring into his possession over the land in dispute and from raising any construction on the same. Petitioner applied for amendment of plaint under Order VI, Rule 17, C. P. C. but his application was rejected by the trial court (VIII Addl. Munsif) vide his order dated 24.4.85. Aggrieved by the said order petitioner preferred a civil revision No. 112 of 1995 under Section 115, C. P. C. The learned Dist. Judge dismissed the said revision as not maintainable by the impugned order dated 8.5.1985. The present petition as stated above has been filed praying for a writ order or direction in the nature of certiorari quashing the said order.

I have heard learned Counsel for the parties. It has been contended by the learned Counsel for petiti


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