DEVI DAYAL Vs. SHIV KUMAR

JUDGEMENT

(1.) Heard Shri Nand Kumar Shukla, learned counsel for the petitioner, Shri R. P. S. Chauhan holding brief of Shri L. K. Gupta, learned counsel for the respondent and perused the record.

(2.) By means of the present writ petition, the petitioner has challenged the impugned order dated 03.11.2016 passed by Additional District and Session Judge/F.T.C. IInd District-Lucknow thereby dismissing the application no.A- 16 moved under Order-6 Rule-17 read with Sec. 151 C.P.C. in Regular Civil Appeal No.112/2012.

(3.) Facts in brief of the present case are that petitioner has initially filed a suit for specific performance of contract registered as Regular Suit No.420 of 1988 , dismissed by judgment and decree dated 16.04.2012 passed by IV Additional Civil Judge (J.D.), Court No.36, Lucknow. Thereafter, petitioner filed Regular Civil Appeal No.112/2012 before the Additional District and Session Judge/F.T.C. IInd District-Lucknow.