LAWS(ALL)-2017-4-285

AKHTAR HUSSAIN Vs. MOHD. NAUSHEY AND OTHERS

Decided On April 19, 2017
AKHTAR HUSSAIN Appellant
V/S
Mohd. Naushey And Others Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Ashok Kumar Singh for the respondents.

(2.) The present petition has been filed challenging the orders dated 6.3.2010 and 19.2.2009 passed by Additional District Judge, Court No. 5, Allahabad and Civil Judge (JD), Sarki, Allahabad respectively.

(3.) A perusal of the record would reveal that the plaintiff-respondents in O.S. No. 376 of 2008 had filed an amendment application seeking amendment in the plaint which was allowed by the trial court by impugned order dated 19.2.2009 upon finding that the amendment does not change the nature of the suit; it does not take away any admission made; and, therefore, the amendment deserves to be allowed. Aggrieved by the order allowing the amendment, the petitioner filed Civil Revision No. 155 of 2009 which came to be dismissed by impugned order dated 6.3.2010.