LAWS(ALL)-2012-7-333

RAJ NARAIN DUBEY Vs. ADDITIONAL DISTRICT JUDGE, UNNAO

Decided On July 19, 2012
RAJ NARAIN DUBEY Appellant
V/S
Additional District Judge, Unnao Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 27.05.2010 passed by Additional District Judge, Court No. 2, Unnao rejecting petitioner's revision against the trial court's order rejecting amendment sought in written statement.

(2.) Learned counsel for the petitioner submitted that at revisional stage also amendment can be allowed and since petitioner came to know subsequently that no firm or company in the name as described by plaintiff in the array of parties existed, hence he moved amendment bringing this fact on record.

(3.) However, a perusal of impugned amendment shows that petitioner intends to introduce contradictory plea inasmuch as in para 1 of written statement filed by petitioner he has not disputed the very authority or status of plaintiff to file suit or his ownership on the property in question but what he has said is that he is not the sole owner and, therefore, not entitled to file suit in his individual capacity. However by means of amendment sought to be introduced he has sought to plead that plaintiff has no right to file suit at all.