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2012 Supreme(MP) 535

SUJOY PAUL
Narayan Acharya – Appellant
Versus
Kishanlal – Respondent


Advocates:
Pawan Dwivedi for petitioner;
N.K. Gupta for respondents No.4 to 8.

ORDER

1. By filing this petition under Article 227 of the Constitution, the petitioner-plaintiff has challenged the order dated 17.7.2012 passed in Miscellaneous Civil Case No.12/2012 by the Court below. By the impugned order the petitioner’s application preferred under section 24 CPC for transferring the said matter was rejected by the Court below.

2. The necessary facts for adjudication of this matter are as under :

The petitioner preferred a suit for declaration and permanent injunction against the respondents. The defendants-respondents filed an application under Order 7 rule 11 CPC, which was allowed by the trial Court on 8.11.2011. The petitioner feeling aggrieved by the said order dated 8.11.2011 preferred First Appeal No.315/2011 before this Court. A Division Bench of this Court by order dated 13.4.2012 allowed the appeal and remitted the matter back for further proceeding. The petitioner, on remand, started participating in the matter. The petitioner on 19.6.2012 filed an application under Order 14 rule 5 CPC, which was disallowed by Court below on 19.6.2012. The petitioner preferred yet another application under Order 6 rule 17 CPC for amendment in the pleadings which was al




























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