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2018 Supreme(All) 1097

MANOJ KUMAR GUPTA
BALA – Appellant
Versus
RAJ KUMAR – Respondent


Advocates:
Counsel :
Vinayak Mithal for the Petitioner; Shodhan Singh and Arvind Srivastava for the Respondent.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—The instant petition under Article 227 of the Constitution invoking supervisory jurisdiction of this Court has been filed challenging the order dated 22.7.2016, whereby the Additional District Judge, Meerut has refused to take additional written statement filed by the petitioner in the appeal. The petitioner has also challenged the order dated 2.11.2017 passed on the application, whereby the pleas which the petitioner wanted to bring on record by additional written statement but were declined, were sought to be introduced by amendment of the written statement. The Additional District Judge has rejected the said application as well.

2. The petitioner was defendant in Original Suit No. 38 of 2011 filed by the plaintiff-respondent for cancellation of a sale-deed and for permanent injunction. She filed a written statement on 20.5.2011. During the pendency of the suit, the plaintiff-respondent filed an application under Order 6 Rule 17 on 25.8.2011 seeking amendment of the plaint. The petitioner filed objections against the same. However, the trial Court allowed the amendment application by order dated 30.8.2011 on payment of a cost of Rs. 100/- and




















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