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RAM SURAT RAM (MAURYA)
Amar Singh – Appellant
Versus
Yogender Singh – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Amitabh Agarwal, Advocate.
For the Respondent:Mahesh Narain Singh, Advocate.

JUDGMENT

Ram Surat Ram (Maurya), J.— Heard Sri Amitabh Agarwal, for the petitioners.

2. This writ petition has been filed against the orders of Sub-Divisional Officer dated 1.7.2013, rejecting the amendment application dated 1.6.2013, filed by the petitioners for amendment of written statement in Suit No. 77 of 2011, under Section 176 of U.P. Act No.1 of 1951 (hereinafter referred to as the Act) and Additional Commissioner dated 28.3.2014 dismissing the revision of the petitioners.

3. Yogendra Singh (respondent-1) filed a suit (registered as Suit No.77 of 2011), under Section 176 of the Act, for partition of his share in plot No. 589 (area 0.1600 hectare) of village Bhatona, pargana Agauta, district Bulandshahar. The petitioners filed their written statement on 7.2.2013. Thereafter issues were framed and evidence of the plaintiff was completed on 9.5.2013. Then 18.5.2013 was fixed for the evidence of the defendants. The petitioners filed an application dated 1.6.2013, for amendment of written statement by adding paragraph-5A to the effect that the land in dispute was not used for agricultural purposes and on the spot buildings are existing as such it is not land within the meaning



















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