MALTI DEVI Vs. ADDL DISTRICT JUDGE II VARANASI

JUDGEMENT

(1.) S. K. Singh, J. By means of this writ petition the petitioners have challenged the judgment of respondent No. 1/addl. District Judge, Varanasi, dated 30th August, 1980 by which the matter has been remitted back to the trial Court for deciding the amendment application afresh on the merits.

(2.) THE brief facts which are necessary for disposal of this writ petition can be summarized as under : -

(3.) IT has been submitted by the learned Counsel for the petitioners that the orders of the trial Court was well within his jurisdiction and as the scope of the interference is very limited the revisional Court was not justified in allowing the revision. IT has been further argued that the scope of the enquiry was restricted by the decision of this Court and, therefore, after the amendment as has been prayed by the plaintiffs if is allowed, that will enlarge the scope of the consideration and the petitioners will suffer serious prejudice. On this fact of present case there was no necessity of moving the amendment application, which appears to have been moved to harass the petitioner and to get the proceedings lingered on.