ALLAHABAD HIGH COURT
, J
Gauri Bala Dutta v. III rd Addl. Civil Judge Varanasi and Another
| Table of Content |
|---|
| 1. challenge to amendment rejection (Para 1 , 2) |
| 2. context of suits and ownership (Para 3 , 4) |
| 3. arguments regarding procedural justice (Para 8 , 12 , 16) |
| 4. conclusion on amendment application (Para 18) |
1. The present petition under Art. 226 of the Constitution of India has been filed by the petitioner challenging the order of the IIIrd Addl. Civil Judge, Varanasi, dated 8-12-1983 dismissing the petitioner's application seeking permission to amend her written statement at the stage of appeal and the order dated 21-7-1984 dismissing the petitioner's application for staying the hearing of the appeal, during the pendency of the petitioner's civil suit No. 400 of 1983.
2. The facts necessary for the decision of the writ petition are as under:
The petitioner is real sister of respondent No. 2, namely, Shashti Charan Dey. During the lifetime of the father of the petitioner, house No. B - 17/81, situated at Mohall a Tit Bhandeshwar, Varanasi was purchased in the name of the mother of the petitioner, and respondent No. 2, along with the petitioner and all her brothers were living in the house.
The petitioner was married to one Shri Bhawani Prasad Dutta who was working as an em
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