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2012 Supreme(All) 1366

SIBGHAT ULLAH KHAN
U. P. Automobile Assocation and Another – Appellant
Versus
R. N. Bhargava – Respondent


Advocates:
Dinesh Kurnar, Advocate, for the petitioner
B.D. Mishra, Advocate, for the respondent.

Hon'ble Sibghat Ullah Khan,J.

Heard learned counsel for the parties in both the revisions.

2. Both the revisions have been preferred by the defendant who is either tenant or licensee. The first revision is directed against order dated 29.3.2012 passed by Civil Judge (Senior Division), Allahabad in Original Suit No.283 of 2009 - R.N. Bhargava vs. Auto mobiles Association. Through the said order amendment application of the tenant-applicant seeking amendment in the written statement has been rejected. Through the second revision order dated 18.4.2012 passed by the same Judge in the same suit has been challenged through which application of the plaintiff/opposite party in these revisions for striking off the defence of the defendant/applicant in these revisions under Order 15 Rule 5 C.P.C. has been allowed.

3. Copy of the plaint is Annexure-1 to the affidavit filed in support of stay application in the first Revision. In the plaint plaintiff/opposite party in these revisions has described himself as landlord. It has been stated in para-2 that on the persuasion of a retired Chief Justice and a former Judge of this court the accommodation in dispute was given on licence for three months to




















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