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2012 Supreme(All) 3171

SAEED-UZ-ZAMAN SIDDIQI
Chandra Kala – Appellant
Versus
Riyasat Nawab and Others – Respondent


Advocates:
Sri V.K. Singh, Advocate, for Revisionist.

Saeed-Uz-Zaman Siddiqi, J.—

Supplementary affidavit filed today be taken on record.

2. This revision has been preferred against the order dated 06.09.2012, by which the learned Additional Civil Judge, Senior Division, Court No.24, Lucknow has allowed the application for amendment, paper no.47-A in Regular Suit No.485 of 2008, vide order dated 06.09.2012.

3. I have heard learned counsel for the revisionist and gone through the records.

4. Through application 47-A for amendment, the learned trial Court has allowed the application and directed the plaintiff-revisionist to implead third party, which is a necessary party to the suit.

5. Aggrieved by the said order, the plaintiff has preferred this revision. On the legal score, the revision is not maintainable in view of the amended proviso to Section 115 of the Code of Civil Procedure. Moreover, the law laid down by the Hon'ble Apex Court in the case of Pandurang Dhondi Chougule and others Vs. Maruti Hari Jadhav and others, reported in AIR 1966 SC, 153 has held as under:-

".............It is well-settled that a plea of limitation or a plea of res judicata is a plea of law which concerns the jurisdiction of the Court, which tries the proceedin












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