CHANDA KEDIA Vs. DWARIKA PRASAD KEDIA

JUDGEMENT

(1.) Heard Shri Tarun Agarwal, learned counsel for the petitioners and Shri Rahul Agarwal, learned counsel appearing for both the respondents. Learned counsel for the respondents stated that the relevant records of the suit are on record and so he does not propose to file a counter affidavit. Therefore, with the consent of the advocates for the parties, the petition was heard and judgment reserved.

(2.) By this petition, an order dtd. 26/7/2023 passed by the Additional District Judge, Fast Track Court No. 2 (14th Finance Commission), Gorakhpur, in Civil Revision No. 3 of 2023 (Shri Dwarika Prasad Kedia and another Vs. Smt. Chanda Kedia and another) has been challenged, whereby an order dtd. 16/12/2022 passed by the trial court in Original Suit No.458 of 2017, rejecting the amendment application 68क-2 filed by the defendant no.1 for amending the joint written statement, was set aside and the matter was remanded to the trial court for deciding the amendment application afresh and on its merits.

(3.) The background of the case, as evinced from the record of this petition, is that on 1/7/1987, an agreement was entered into between seven persons (family members) at Gorakhpur with regard to pooling their resources and joining hands for purposes of constructing godowns on land owned by Mathura Prasad Kedia (who was the party No. 1 in the aforesaid agreement) which land was situated at village Ram Nagar, Karjaha, Gorakhpur, and at other places in co-ownership in the proportions mentioned in the agreement and letting out the same on rent to be enjoyed by the parties individually in the same proportion in which they would own the godowns. It was mentioned in the agreement that the land required for construction of the godowns shall be provided by Shri Mathura Prasad Kedia, who owned the land aforesaid situated at village Ram Nagar, Karjaha, Gorakhpur. It was agreed that the entire activity relating to the construction of the godowns and letting them out on rent would be carried on on co-ownership basis with a clear stipulation that each one of the parties to the agreement and/or their successors and assigns shall have such proportions therein as specified in the agreement.