SHYAMA DEVI Vs. SEVENTH ADDL D J ALLAHABAD

JUDGEMENT

(1.) IN this writ petition Mr. Ravi Kant, learned Counsel for the petitioner has sought for quashing the proceeding of Suit No. 23ofl978raghuraj Prasad v. Shayama Devi, pending in the Court of Additional Civil Judge, Junior Division, VIIIth Court, Allahabad on the ground that the suit is frivolous and patently if appears on the face of it is not maintainable. However, Mr. Ravi Kant very fairly conceded that this point was never taken in the Court below, on the other hand only when the application for amendment has been allowed and the revision there out was dismissed the present application has been filed.

(2.) IN order to appreciate the conten tion of Mr. Ravi Kant, learned Counsel for the petitioner, it is necessary to briefly refer to the facts of the case.

(3.) I have heard Mr. Ravi Kant learned Counsel for the petitioner Shri D. N. Tyagi, learned Counsel for respondent No. 3 at length.