ASHOK KUMAR KESHARWANI Vs. ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings in suit No. 836 of 1975, pending in the court of the Additional Munsif, Kanpur.

(2.) THE suit had been filed by Firoz Shramik Cooperative Housing Society Limited, Kanpur, opposite party no. 3, against the petitioner for an injunction restraining the petitioner from interfering with the possession of the opposite party no. 3. During the pendency of the suit, according to the case set up by the opposite party no. 3, certain constructions were unauthorisedly made by the petitioner on a small piece of the land in dispute. Consequently, an amendment application was moved seeking demolition and possession in respect of that piece of land, which was alleged to have been unauthorisedly occupied by the petitioner. This amendment application was allowed. THEreafter, an issue was framed as to whether the Civil Court had the jurisdiction to try the suit.

(3.) LEARNED counsel for the petitioner has contended that the Civil Court has no jurisdiction to try the suit and the view taken by the revisional court is manifestly erroneous. He has relied upon Ram Shanker Prasad v. Sarbjit, 1975 RD38.