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2017 Supreme(All) 2874

SANGEETA CHANDRA
Pyare – Appellant
Versus
Beni Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Ajit
For the Respondent: R.C. Sinha, Ajai Bahnot, M.P. Singh Yadav, Rajesh Kumar Verma, Sudhakar Upadhyay

JUDGMENT :

Sangeeta Chandra, J.

This writ petition has been filed by the petitioner, who was the defendant - respondent before the lower court for a writ in the nature of certiorari for quashing the impugned judgment and order dated 6.4.1993 rejecting the objections of the petitioner under Section 47 as also the impugned judgment and order dated 19.1.2000 passed in Revision No. 60 of 1993 (Pyare v. Beni Ram & others) and revision no. 70 of 1993 (Smt. Jashoda v. Beni Ram) and also for setting aside the proceedings in Execution Case No. 10 of 1999 pending before the Additional Civil Judge.

2. When the original writ petition was filed, it was filed under Article 226 of the Constitution of India thereafter vide an amendment application allowed on 20 April 2015, the writ petition has been sought to be amended by striking off the mention of the "writ petition" by writing in its place "an application under Article 227" and instead of praying for a writ of certiorari asking for an order to be passed by this Court setting aside the impugned order passed by the lower courts.

3. The facts that have not been disputed by opposite parties i.e. the plaintiffs in the original suit are that there was a






























































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