SANJAY KUMARS Vs. DISTRICT JUDGE GORAKHPUR AND ANOTHER

JUDGEMENT

(1.) In Civil Suit No. 770 of 1989 initiated before the additional court of learned Munsif at Gorakhpur, four of the plaintiffs were shown as minors without being represented by next friend. An application for amendment was filed on 1.12.1989 where two of the said plaintiffs were shown to be aged about 23 years and 21 years respectively, namely, major while the other two minor plaintiffs were shown to be represented by their next friend Sanjay Kumar. Address of the plaintiffs were also sought to be corrected through said amendment application. In the said amendment application, few more prayers were prayed. Learned Munsif by order dated 4.4.91 had allowed the amendment, against which a revision being Civil Revision No. 97 of 1991 was filed by the defendants which was allowed in part. It is this order which is under challenge by means of this writ petition.

(2.) A preliminary objection was raised as to the maintainability of the writ petition on the ground that the suit being a suit for injunction, writ petition under Article 226 is not maintainable against the revisional order passed by learned District Judge in view of Full Bench decision of this Court in the case of Ganga Saran v. D. M. Hapur. AIR 1991 All 114. Though Mr. R. S. Mishra, learned counsel for the petitioner, disputes the said proposition but by way of abundant precaution, he prayed for leave to amend the cause title so as to convert the application into one under Article 227 of the Constitution of India. Mr. Tarun Verma, learned counsel for the opposite party, opposed the said prayer. Relying on the decision in the case of Arun Lata a. Civil Judge, Bulandshahr, AIR 1998 All 29. Mr. Verma contended that even in this case, Article 227 cannot help the petitioner and at the same time, it is not a fit case where the petitioner should be allowed to convert the application into one under Article 227 of the Constitution of India.

(3.) In the case of Arun Lata (supra), it has been held that a petition under Article 226 can very well be converted into one under Article 227. It is also one of the aspects that was dealt with in the said case. In that view of the matter, leave is accordingly granted and Mr. Mishra shall effect the amendment in the cause title in course of today.