High CourtsSingle Bench(1989) 05 AHC CK 0034

Satya Prakash and Another vs Rajendra Prasad and Others

Allahabad High Court · Decided on 4 May 1989 · Citation: AIR 1989 All 220 : (1989) AWC 948 : (1989) RD 408

HON’BLE JUDGES
A.N. Dikshita, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 123 of 1989

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Judgment

6 paragraphs · 204 words

A.N. Dikshita, J.—This revision has been directed against the order dated 28-10-1988 passed by 1st Additional Civil Judge, Farrukhabad by which an application under Order 6, Rule 17, C.P.C. filed by the applicants has been allowed.

2.

Heard counsel for the parties.

3.

Palpably the revision is so ill-merited that it does not require even a detailed order.

However, this Court in the case of Kamal Regmi Sharma v. Nepal Bank Ltd. and others 1987 ALJ 349, has held that the Courts are required to be extremely liberal in granting the prayer for amendment of the pleadings. Further it is the settled law that the admission made by the parties may be withdrawn or explained away. The Court below has exercised its discretion in allowing the amendment. It does not require any interference, as no cogent reasons or compelling circumstances have been set forth. Neither any serious injustice nor any irreparable loss is likely to be caused to the applicants by allowing this amendment. Neither the Court below acted in exercise of the jurisdiction with any illegality nor with material irregularity.

4.

As observed above, the revision is wholly ill-merited and is an abuse of the process of law.

5.

The revision is rejected.