NAUSE ALI Vs. LATAFAT

JUDGEMENT

(1.) THERE are three references dated 4-6-1996 made by the learned Additional Commissioner, Moradabad Division, Moradabad in respect of revision Nos. 15, 16 and 17 of 1995-96/Moradabad, with his recommen­dation that the order dated 2-1-1996 passed by the learned trial Court be set aside and the amendment application dated 26-9-1995 be allowed. Since the facts of all the cases are same as such they are being decided by a common judgment and the reference No. 13 of 1996-97, Rampur, shall be the leading case.

(2.) BRIEFLY stated the facts of the case are that Sadat, Latafat and Anwar Husain instituted a suit separately for ejectment from the disputed holding as detailed at the foot of the plaints. During the proceed­ings of the case an amendment application was moved on behalf of the plaintiff in all the three cases. The learned trial Court on 2-1-1996 dismissed the aforesaid applica­tions. Aggrieved by this order three revisions were preferred. The learned Ad­ditional Commissioner has made this ref­erence with the aforementioned recom­mendation.

(3.) FOR the revisionist it was submitted that the reference be accepted, the revision be allowed and the aforesaid order passed by the learned trial Court be set aside, and the amendment application dated 26-5-1995, be allowed. In reply, the learned Counsel for the contesting-respondents submitted that the reference as well as the application dated 26-9-1995 be rejected.