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2024 Supreme(Online)(ALL) 284

HIGH COURT OF ALLAHABAD
Hon'ble Manish Kumar Nigam,J.
Smt. Kamlesh Rani Gupta And Another – Appellant
Versus
Firm Sevak Industries Shahjahanpur And 3 Others – Respondent


Advocates:
Petitioner: Bhanu Bhushan Jauhari and Rishi Bhushan Jauhari
Respondent: Kuldeep Maurya and Ramendra Asthana

Hon'ble Manish Kumar Nigam,J.

 

1. Heard Sri Bhanu Bhushan Jauhari, learned counsel for the revisionist, Sri Ramendra Asthana, learned counsel for the respondents and perused the record.

 

2. This revision has been filed by the defendants/revisionists against the judgment and order dated 28.07.2023 passed by Civil Judge (Senior Division), Shahjahanpur rejecting the application Paper No. 56-Ka for amendment in written statement, moved by the defendants/revisionists.

 

3. Brief facts of the case are that the plaintiffs/respondents instituted Original Suit No. 75 of 2021 against the defendants/revisionists for permanent injunction restraining the defendants in the suit not to interfere with the property of the plaintiffs/respondents and also restraining the defendants from interfering with the construction of the wall by the plaintiffs/respondents.

 

4. Plaint allegations as mentioned in the plaint are that the plaintiff no. 1 is a partnership firm having its properties in village Bartara Tehsil Sadar District Saharanpur which has been described by letters अ ब स द य र ल क ख ग च छ ज झ ञ. The defendant/revisionist nos. 1 & 2 were silent partners and had taken retirement from the firm an

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