BRIJ BHUSHAN Vs. DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. By means of this writ petition the petitioner has challenged an order passed by the revisional court whereby the revisional court refused to entertain the revision on the ground, firstly, the issue between the parties while rejecting amendment application is not finally decided and the revisionist is not deprived of any legal rights. He also records a finding that whatever revisionist wants to bring on record by way of amendment is already on record in one or the other form. Therefore, he refused to entertain the revision.

(2.) LEARNED counsel for the petitioner relied upon a decision Shiv Shakti Co -operative Housing Society, Nagpur v. Swaraj Developers and Ors., 2003 (3) AWC 2198 (SC). Paragraph 32, which is relevant and is relied upon by the learned counsel for the petitioner in support of his contention, runs as under :

(3.) IN view of the aforesaid proposition of law, in my opinion, since finding is already recorded by the revisional court that no prejudice is caused to the petitioner, I do not see any illegality or irregularity committed by the revisional court in refusing to entertain the revision.