R S KUSHWAHA Vs. MASJID GANGA SAGAR

JUDGEMENT

(1.) INVOKING the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, the defendant petitioner has called in question the pregnability of the order dated 5-7-99 passed by the learned 11th Additional District Judge, Jabalpur in Misc. Appeal No. 22/98 whereby he has allowed applications namely the application for amendment and application for impleadment of parties.

(2.) THE factual matrix lie in a narrow compass. The non-applicant as plaintiff filed a Civil Suit No. 276-A/98 for permanent injunction. Alongwith the suit a prayer was made for grant of temporary injunction. As the injunction was granted the defendant/petitioner preferred an appeal forming the subject matter of M. A. No. 22/98 which was assigned to the learned XIth Additional District Judge, Jabalpur. Before the lower appellate Court an application under Order 6 Rule 17 for amendment of the plaint and another application under Order 1 Rule 10 of the C. P. C. for impleadment was filed. The lower appellate Court by the impugned order allowed both the applications.

(3.) SUBMISSION of Mr. Tiwari, learned counsel for the petitioner is that the learned lower appellate Court could not have entertained such applications in Misc. Appeal. In this context he placed reliance on the decisions rendered in the cases of Dhundasingh v. Leeladhar and Anr. , AIR 1982 MP 14 and Smt. Shahida Fatima and Ors. v. Altaf Khan and Ors. , 1996 (1) Vidhi Bhasvar 246. Mr. Qureshi, learned counsel for the respondents, has supported the order passed by the learned lower appellate Court.