High Courts(1983) 10 AHC CK 0018

Vijai Pal & Another vs Guru Narain & Others

Allahabad High Court · Decided on 6 October 1983

HON’BLE JUDGES
U.C.Srivastava, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 28 of 1982

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Judgment

4 paragraphs · 183 words

U.C. Srivastava, J.—Thu is a revision application directed against the order dated 9.12.1983 passed by the Civil Judge, Faizabad, allowing the amendment application filed by the plaintiff. A suit was filed against Smt. Tulsa Devi regarding Sarbrakari rights. The plaint was once amended and after the death of Smt. Tulsa Devi another amendment application was made and the same was allowed and the defendants have challenged the said order. A court had jurisdiction to allow or disallow an amendment application. Merely because the amendment has been allowed it does not open to a party to take plea of limitation and other pleas. The question of amendment can be agitated in appeal also after the suit is decided by the trial court. As such it is not such a case in which interference may be made at this stage.

2.

The revision application is accordingly dismissed. There will be no order as to costs.

3.

The record of the court below will be sent back by the end of this month and the court below will try to decide the case expeditiously.

(Revision dismissed)