RADHEY SHYAM Vs. MUNNI LAL

JUDGEMENT

(1.) This is a revision petition, preferred against the judgement and order dated 1.8.95 passed by the learned Additional Commissioner, Varanasi Division, Varanasi whereby the amendment application moved by the opposite-party was allowed

(2.) Briefly stated the facts of the case are that the plaintiff one Munni Lal, instituted a suit under Sec. 229-B of U.P.Z.A. and L.R. Act for declaration of 1/2 share over the land in dispute; the trial court after completing the requisite trail partly allowed the suit on 27.8.1990 Aggrieved by this order.an appeal was preferred. During the pendency of the proceedings of the instant case, an amendment application was moved on behalf of plaintiff -opp-parties for claiming disputed land in place of 1/2 (one half) share over the disputed land in place of 1/4 (one fourth) share of the same as pleaded in the plaint. The learned Additional Commissioner by means of his order dated 1.8.1995 allowed the aforesaid application at 25/- as cost. Hence the instant revision.

(3.) I have heard the learned counsel for the parties and have also gone through the relevant papers on file.