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2022 Supreme(All) 605

NEERAJ TIWARI
Braj Bhushan Lal Awasthi – Appellant
Versus
Urmila (Since Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dharmendra Kumar Tripathi
For the Respondent: Shobhit Saxena, Kirti Kumar Nirkhi

JUDGMENT :

1. Heard learned counsel for petitioner and Sri Kirti Kumar Nirkhi, learned counsel for opposite party.

2. Present petition has been filed seeking following reliefs :-

    “(I) Set aside the order dated 01.12.2021 passed by the 3rd Additional District Judge, Kanpur Dehat in Civil Revision No. 25/2013 (Braj Bhushan Vs. Smt. Urmila Devi and others) as well as order dated 11.07.2013 passed by Additional Civil Judge (Senior Division), Kanpur Dehat.

(II) Direct the court below to allow the amendment application (paper No. 289-Ka) dated 08.04.2013 filed by the petitioner before the Trial Court.”

3. Learned counsel for petitioner submitted that plaintiff-petitioner has filed Original Suit No. 2 of 1993 along with interim injunction application in the year 1993 for cancellation of sale deed, which was rejected vide order dated 08.02.1994. Against the said rejection order, plaintiff-petitioner preferred Appeal No. 173/1994. During the pendency of appeal, plaintiff-petitioner has filed amendment application for amending the plaint. The said appeal as well as amendment application was rejected. Against both the orders, plaintiff-petitioner has preferred Writ Petition No. 28148 of 1998 befo

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