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2022 Supreme(All) 34

ROHIT RANJAN AGARWAL
A. K. Dubey – Appellant
Versus
Exide Industries Ltd. – Respondent


Advocates Appeared:
For The Appellant : Sheo Shankar Tripathi, Adya Prasad Tewari
For The Respondent: Manu Khare

JUDGMENT :

Rohit Ranjan Agarwal, J.

1. Heard Sri A.P.Tewari, learned counsel for the revisionists. No one has appeared for the opposite parties however, a written argument was filed by Sri Manu Khare, Advocate, on behalf of opposite parties.

2. The present revision filed under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as “Act, 1887”) against judgment and order dated 17.01.2020 passed by Additional District Judge/Fast Track Court-II (Constituted under 14th Finance Scheme), Gorakhpur, dismissing amendment application filed under Order VI, Rule 17 CPC in S.C.C. Suit No.41 of 2014.

3. Before adverting to decide the issue raised, a brief introduction of facts is necessary for better appreciation of the controversy in hand.

4. A lease agreement was executed on 03.11.2009 between the plaintiffs-revisionists and Exide Industries Ltd., defendant No.1 in respect of premises at Narayan Complex, Plot No.A-28, Budha Vihar Commercial Yojana, Deoria Bypass, Gorakhpur, U.P., measuring 2600 sq.ft., the owner of which is the plaintiffs-revisionists and was let out for a period of five years w.e.f. 01.11.2009 to 31.10.2014 to the lessee/ opposite party No.1 on a monthl

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