KURBAN RASUL Vs. MAKSOD

JUDGEMENT

(1.) THIS case, which has been filed by the petitioner before this Court ostensibly challenges an order dated 27.07.2013 which has been passed by the 3rd Additional District Judge, Haridwar on an application moved by the petitioners/defendant as far back as in the year 1995, pursuant to the dismissal of his appeal on 21.04.1995.

(2.) IN order to have a proper perspective of the matter as it has a long and chequered history, the entire facts of the case must first be stated.

(3.) A suit for specific performance was filed before the court of the learned Civil Judge (S.D.), Roorkee, District Haridwar being suit No. 16 of 1987. The said suit was ultimately decreed on 27.11.1989 in favour of the plaintiff/respondent. The defendant challenged the decree in appeal before the learned District Judge, being First Appeal No. 19 of 1990. Thereafter, the matter was transferred and renumbered as Appeal No. 16 of 1991 before the Additional District Judge, Haridwar. The appellant/defendant moved an application under Order 6 Rule 17 read with Section 151 of C.P.C. for amendment in the written statement which was dismissed vide order dated 06.02.1992 and subsequently, against the said order, the defendant/appellant filed a civil revision before the Hon'ble High Court of Judicature at Allahabad in which the further proceedings of Appeal No. 16 of 1991 were stayed.