DAYANAND Vs. MOHAN

JUDGEMENT

(1.) Heard Shri Ashok Kumar Shukla, learned counsel for the petitioner, Shri Vivek Singh Shrinet, learned counsel for the respondent and perused the record.

(2.) This petition has been filed challenging the order dtd. 16/11/2022 passed by the trial court i.e. Additional Civil Judge (Junior Division), Court No. 3, Gorakhpur, rejecting the application for amendment filed by the petitioner in the plaint. Revision against the said order has also been dismissed by order dtd. 10/4/2023 passed by the Additional District and Sessions Judge, Court No. 4, Gorakhpur in Civil Revision No. 124 of 2022.

(3.) Contention of the learned counsel for the petitioner is that by the amendment, the petitioner has only changed the relief from mandatory injunction directing the defendants to remove their constructions and to hand over the possession to the plaintiff to the prayer for possession of the property in dispute apart from minor corrections in the plaint. The said application has been erroneously rejected on the ground that the application has been filed after a long lapse of time and therefore, the same cannot be allowed.