LAWS(ALL)-2013-2-28

KANWAL SARUP KHURANA Vs. KUNWAR HARENDRA PRATAP SAHI

Decided On February 20, 2013
Kanwal Sarup Khurana Appellant
V/S
Kunwar Harendra Pratap Sahi Respondents

JUDGEMENT

(1.) THE plaintiff-petitioner (hereinafter referred to as "petitioner") is aggrieved by order dated 22.12.1979 passed by Civil Judge, Malihabad, Lucknow rejecting petitioner's application seeking amendment in the plaint and revisional order dated 9/10.2.2006 rejecting petitioner's application C-17 and holding that revision has abated and consequently returning the record of original suit no.48 of 1967 to the Trial Court for further proceedings.

(2.) THE petitioner, K.S.Khurana vide plaint dated 1.9.1967 filed regular suit no.48 of 1967 seeking decree for permanent injunction restraining defendant- respondent no.1 (hereinafter referred to as "respondent") Kunwar Harendra Pratap Sahi from selling or otherwise encumbering Bungalow no.11, Rai Behari Lal Road, (Then P.S. Hazratganj now P.S. Mahanagar), Lucknow.

(3.) THE petitioner sought an amendment in the plaint filing an application (no.ka 140) dated 29.11.1979 under Order VI Rule 17 C.P.C. for insertion of para 15-A regarding payment of additional court fees and a relief regarding specific performance. The amendment application was contested by respondent 1 asserting that relief of specific performance is now barred by limitation and amendment in order to bring in a relief which is barred by limitation shall not be allowed.