MUNSHI RAZA Vs. ADDITIONAL DISTRICT JUDGE GYANPUR VARANASI

JUDGEMENT

(1.) -By means of the present petition under Article 226 of the Constitution of India, the petitioner has come up before this court against the order dated 8-7-1985 passed by the Additional District Judge, Gyanpur Varanasi.

(2.) THE petitioner filed a suit for specific performance of contract for sale of a bouse situated on plot no. 928/M, Gopiganj, Varanasi. THE suit was registtred as suit no. 358 of 1978. THE respondent no. 2 contested the said suit. Ultimately, the learned Munsif, Gyanpur by his judgment and order dated 10-5-1982 decreed the suit under Order 17 rule 3 of the Civil Procedure Code.

(3.) THE Additional District Judge by his order dated 25-2-1984 rejected the said amendment application of respondent no. 2 on the ground that by amending the title of the appeal respondent no. 2 wants to convert the Misc. appeal into a regular appeal which cannot be done because of non payment of the court fee as well as the period of limitation for filing a regular appeal has already expired.