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2011 Supreme(All) 2174

S.K.GUPTA
Bhagwan Swaroop Tripathi and another – Appellant
Versus
Gaushala Committee Shikohabad and another – Respondent


Satish Chandra Srivastav, Arvind Srivastava, Chitra Lekha Satsangi, Advocates, for the petitioner

Shashi Kant Gupta, J.;-

1. The present writ petition is directed against the order dated 21.9.2002 passed by Respondent No. 2, Additional District Judge/Special Judge (NDPS Act), Firozabad, in Civil Revision No. 6 of 2002 setting aside the order dated 16.2.2002 whereby the amendment sought by the petitioner in its written statement was allowed.

2. Brief facts of the case are as follows;

3. A suit for arrears of rent and ejectment was filed by the Respondent No. 1 against the petitioners. It was stated in paragraph 1 of the plaint that the plaintiff is a registered society under UP Gaushala Adhiniyam, 1964 and the certificate to the effect has been issued by the Gaushala Registrar and Animal Husbandry Department. Thereafter, written statement was filed. During the pendency of the suit, an amendment applicant under Order 6 Rule 17 CPC was filed by the petitioner for amendment in paragraph 1 of the written statement. The trial Court, after hearing the learned counsel for the parties, by order dated 16.2.2002 allowed the said amendment application. Being aggrieved and dissatisfied with the order dated 16.2.2002, the Respondent No. 2 filed a revision which was registered as Civil Revision






















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