RAM DAS Vs. FIRST ADDL DISTRICT JUDGE AZAMGARH

JUDGEMENT

(1.) SUCLHIR Narain, J. This writ peti tion is directed against the order dated 20-5-1988 passed by Respondent No. 1 rejecting the application of the defendant-petitioner for amendment in the written-statement filed by him in the appeal.

(2.) BRIEFLY stated the facts are that the plaintiff-respondents filed Suit No. 296 of 1982 for permanent injunction restraining the defendant-petitioner from interfering with their possession over a piece of land claimed to be on the Abadi land. The defendant-petitioner filed his written-statement and denied the plaint allega tions. Both the parties led evidence and the trial Court decreed the suit on 5-2-1986. The defendant-petitioner preferred an ap peal No. 135 of 1987 against the judgment and order of the trial court. During the pendency of the appeal the petitioner filed an application for amendment in the writ-ten-statement. This application has been rejected by Respondent No. 1 by the im pugned order dated 20-5-1988.

(3.) IN view of the above, the writ peti tion is dismissed. The interim stay order granted by this Court on 26-8-1988 is here by vacated.