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2015 Supreme(All) 1576

ANIL KUMAR
SHANTI DEVI – Appellant
Versus
ADDITIONAL DISTRICT JUDGE, GONDA – Respondent


Advocates:
Counsel :
Q.M. Haque for the Petitioner; C.S.C., Mohd. Kushif Rafi and R.M. Sharma for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Matter is taken in revised cause list.

2. None appeared on behalf of the respondents.

3. Heard Sri Q.M. Haque, learned counsel for the petitioner and perused the record.

4. By means of present writ petition, petitioner has challenged the order dated 24.7.2010 (Annexure 1) passed by opposite party No. 1/Additional District Judge, Court No. 6, Gonda and the order dated 4.1.2010 passed by opposite party No. 2/Civil Judge(Senior Division) by which petitioner’s revision as well as application for amendment was dismissed.

5. Facts, in brief, of the present case are that on 31.5.1996 plaintiff/respondents filed a Regular Suit No. 290 of 1996 (Ram Sahai Purwar and others v. Piyara Devi and others) for permanent injunction. On 28.4.1999 defendant/petitioner filed a written statement.

6. Thereafter defendant No. 2/Shanti Devi moved an application for amendment under order 6 Rule 17 read with 171 CPC, registered as paper No. 34 Ga, rejected by order dated 4.1.2010 passed by opposite party No. 2/Civil Judge (Senior Division), Gonda.

7. Aggrieved by the said fact, petitioner/defendant/Shanti Devi filed Revision No. 29 of 2010 (Smt. Shanti Devi v. Ram Sahai and oth



































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