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2023 Supreme(All) 684

NEERAJ TIWARI
Amitabh Kumar Gupta – Appellant
Versus
Awadh Bihari Nigam – Respondent


Advocates Appeared:
For the Revisionist : Manish Tandon, Mohd. Naushad Siddiqui.
For the Opposite Party : J.P. Singh

JUDGMENT :

(Neeraj Tiwari, J.)

1. Mr. Narendra Mohan, Advocate has filed Vakalatnama on behalf of opposite party, which is taken on record.

2. Heard Sri Manish Tandon, leaned counsel for the revisionist and Sri Narendra Mohan, learned counsel for the opposite party.

3. Present revision has been filed for challenging the order dated 27.3.2023 passed by the Additional District Judge, Court No.13, Kanpur Nagar in S.C.C. Suit No. 44 of 2017.

4. Since only legal question is involved, therefore, with the consent of the parties, without inviting for affidavits, the matter is being decided at the admission stage itself.

5. Learned counsel for the revisionist submitted that earlier plaintiff-opposite party has instituted the SCC Suit No. 44 of 2017 upon which written submission has been filed. Thereafter, point of determination has also been framed. He next submitted that both the parties i.e. plaintiff and defendant have filed their witnesses through affidavit and case is fixed for final hearing. At the time of final argument, amendment application was filed under Order VI Rule 17 of CPC read with 151 IPC only on the ground of change of new counsel and after engagement of new counsel, it w

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