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2022 Supreme(All) 118

Lakshmi Kant Shukla – Appellant
Versus
Ram Niranjan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pankaj Gupta
For the Respondent: Ghaus Beg, Anurag Shukla

JUDGMENT :

1. Heard Shri Pankaj Gupta, learned counsel appearing for the petitioner and Shri Anurag Shukla, appearing for the opposite party.

2. The petitioner has challenged the order dated 22.12.2018 passed by the learned Civil Judge (Junior Division), Kunda, Pratapgarh, in Original Suit No.330/2012 rejecting his application for amendment moved under Order 6 Rule 17 of the CPC as also the order dated 14.02.2021 passed by the learned District Judge, Pratapgarh, in Civil Revision No.14 of 2019 [Lakshmi Kant Shukla Vs. Ram Niranjan].

3. It has been submitted by the learned counsel for the petitioner that the petitioner had filed a Suit No.330 of 2012 on 18.05.2012 for permanent injunction against Hari Shankar and Ram Niranjan praying that the respondents be restrained from interfering in his Abadi land over which the petitioner is in possession. During the pendency of the Suit, the name of Hari Shankar was deleted and Ram Niranjan alone remained the defendant. The Commission was issued and a report prepared on 09.07.2012. Again a Survey Commission was issued by the court concerned and a report prepared and submitted on 10.02.2018. A written statement was filed by the defendant and issu

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