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2014 Supreme(All) 1708

RAN VIJAI SINGH
MOHAMMAD AKBAR – Appellant
Versus
SHAHINA KHATOON – Respondent


Advocates:
Counsel :
Mahtab Alam for the Petitioner; Ms. Rama Goel Bansal for the Respondents.

JUDGMENT

Hon’ble Ran Vijai Singh, J.—Heard Sri Mahtab Alam, learned counsel for the petitioner and Ms. Rama Goyal Bansal, learned counsel for the respondents.

2. Ms. Rama Goyal Bansal has filed Vakalatnama on behalf of all the respondents which is taken on record.

3. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 18.9.2014 passed by Additional District Judge, Court No. 2, Bijnore in SCC Revision No. 29 of 2011 (Mohammad Akbar v. Shahina Khatoon and others), by which the petitioner’s application No. 80(c), seeking amendment in the written statement, has been rejected on various grounds.

4. Learned counsel for the petitioner submits that the court below has erred in rejecting the petitioner’s application on the ground of delay. In his submissions, the court ought to have addressed itself on the merit of the amendment application, instead of throwing the same on the ground of delay. He also submits that the amendment was necessary for proper adjudication of the matter, therefore, also the court below has erred in passing the impugned order. In his submissions, the impugned order suffers from non-consideration of the relevant provisions of la


















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