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2022 Supreme(All) 1024

ROHIT RANJAN AGARWAL
Om Prakash Das – Appellant
Versus
Vichar Das – Respondent


Advocates Appeared:
For the Revisionist : Adya Prasad Tewari.
For the Opposite Party : Anil Pratap Singh, Kailash Pati Singh Yadav, Prabhakar Vardhan.

JUDGMENT :

Rohit Ranjan Agarwal, J.

1. This revision under Section 115 of Code of Civil Procedure, 1908 (hereinafter called as ‘C.P.C.’) arises out of order dated 08.01.2021 passed by Civil Judge (Senior Division), Fast Track Court, Gorakhpur in Original Suit No. 400 of 2017, whereby the amendment application moved by the revisionist under Order 6 Rule 17 C.P.C. being Paper No. 25/K2 for striking out the name of defendant no. 3 from array of parties was rejected.

2. Facts in nutshell, are that plaintiff-revisionist filed a suit for declaration declaring him the Mahant of one Sant Kabir Math. Relief of permanent injunction was also claimed against defendants from not interfering into the peaceful possession of the plaintiff over the property of the Math and also not to evict the plaintiff. An amendment application under Order 6 Rule 17 was filed by plaintiff in the year 2020 after the suit was being contested by defendant no. 3 for striking off her name from the plaint. The application was contested by defendant no. 3 by filing her objection being Paper No. 28Ga and affidavit 29Ga on the ground that the property in dispute was entered into the name of her father Ram Nagina in whose fa

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