CHHANNE Vs. SHOBHNATH

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) In this writ petition under Article 226 of the Constitution of India, the plaintiffs/petitioners have challenged the order dated 16.11.2005, passed by the District Judge, Allahabad, whereby the revision has been allowed and after setting aside the order of the trial court, directions have been given to the said court to dispose of amendment application afresh in view of the orders passed earlier by the Additional District Judge in Civil Revision No. 384 of 1999.

(3.) The defendants/respondents sought some amendment to be incorporated in the written statement and for that purpose application was moved. That application was earlier disposed of vide order 2.4.1999, by the trial court and was rejected against which a Revision No. 384 of 1999 which was allowed vide order dated 10.10.2003, was filed and the matter was remanded to the trial court to be decided afresh. Thereafter the trial court disposed of the amendment application vide order dated 28.2.2005, against which subsequent Revision No. 446 of 2005 was filed in which the impugned order has been passed. The trial court by the said order dated 28.2.2005 has again rejected the amendment application of the defendants. Since the trial court, in passing the aforesaid order, has not taken into consideration the directions given by the revlsional court, the interference has been made by the impugned order against the order of trial court and the matter has again been remanded.