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2006 DIGILAW 313 (ALL)

OM PRAKASH JAIN v. VED PRAKASH GUPTA

2006-01-31

S.P.MEHROTRA

body2006
S. P. MEHROTRA, J. The present Petition/application under Article 227 of the Constitution of India has been filed by the petitioner/applicant, inter alia, praying for setting aside/quashing the judgment and order dated 10-10- 2005 Annexure No. 5 to the Petition/application) passed in Civil Revision No. 221 of 2005 by the learned Additional District Judge, Court No. 8, Meerut and the order dated 18-5-2005 (Annexure No. 4 to the Petition/application) passed by the learned Additional Civil Judge (Senior Division), Court No. 2, Meerut, on the Amendment Application (Paper No. 11 8-Ka) filed by the petitioner/applicant in Suit No. 437 of 2001. 2. It appears that the petitioner/ap plicant filed the aforementioned Suit No. 437 of 2001. 3. Copy of the plaint of the said Suit has been filed as Annexure No. 1 to the Petition/application. 4. It appears that during the pen dency of the said Suit, an Amendment Application under Order VI, Rule 17 of the Code of Civil Procedure was filed on behalf of the petitioner/applicant, inter alia, praying for making amendments in Paragraph No. 3 of the plaint. 5. Copy of the said Amendment Application has been filed as Annexure No. 2 to the Petition/application. 6. It further appears that Objec tions were filed on behalf of the defen dants-respondent Nos. 1 to 5 against the said Amendment Application. 7. Copy of the said Objections has been filed as Annexure No. 3 to the Petition/application. 8. It further appears that by the said order dated 18-5-2005 passed by the learned Additional Civil Judge (Senior Division), Court No. 2, Meerut, the said Amendment Application (Paper Mo. 118-Ka) was rejected. 9. It further appears that against the said order dated 18-5- 2005, the petitioner filed the said Civil Revision No. 221 of 2005. 10. By the said judgment and order dated 10-10-2005, the learned Additional District Judge, Court No. 8, Meerut dismissed the said Revision filed by the petitioner/applicant. 11. Thereafter, the petitioner/applicant filed the present Petition/ap plication under Article 227 of the Con stitution of India before this Court. 12. It appears that during the pen dency of the present Petition/applica tion, an application, being Civil Misc. Application No. 215274 of 2005 has been filed on behalf of the defendants-respondents Nos. 1 to 5. 13. 11. Thereafter, the petitioner/applicant filed the present Petition/ap plication under Article 227 of the Con stitution of India before this Court. 12. It appears that during the pen dency of the present Petition/applica tion, an application, being Civil Misc. Application No. 215274 of 2005 has been filed on behalf of the defendants-respondents Nos. 1 to 5. 13. It is inter alia, prayed in the said application that the aforementioned Petition/application under Article 227 of the Constitution of India, be allowed and the impugned orders be set-aside and the amendments sought in the plaint be permitted. 14. The aforesaid Civil Misc. Ap plication No. 215274 of 2005, is sup ported by an affidavit, sworn by Manoj (defendant-respondent No. 2) on 29-10-2005. 15. I have heard Sri Pankaj Mittal, learned Counsel for the petitioner/ap plicant and Sri Manoj Kumar Rajvanshi, learned Counsel for the defendant respondent Nos. 1 to 5 and perused the record. 16. It is submitted by Sri Manoj Kumar Rajvanshi, learned Counsel for the defendants-respondents Nos. 1 to 5 that in view of the averments made in the aforementioned Civil Misc. Applica tion No. 215274 of 2005 and its accom panying affidavit, the present Peti tion/application under Article 227 of the Constitution of India, be allowed and the impugned orders be set aside and the amendments sought in the plaint be permitted. 17. Having regard to the aver ments made in the aforesaid Civil Misc. Application No. 215274 of 2005 and its accompanying affidavit and keeping in view the submissions made by Sri Manoj Kumar Rajvanshi, learned Coun sel for the defendants-respondents Nos. 1 to 5, the present Petition/application under Article 227 of the Constitution of India is allowed without going into the merits of the orders impugned in the present Petition/application. 18. The judgment and order dated 10-10-2005 (Annexure No. 5 to the Petition/application) passed in Civil Revision No. 221 of 2005 and the order dated 18-5-2005 (Annexure No. 4 to the Petition/application) passed on the Amendment Application (Paper No. 118-Ka) filed in the said Suit No. 437 of 2001, are quashed. 19. The. Amendment Application (Paper No. 118-Ka) (Annexure No. 2 to the Petition/application) is allowed. 20. Let necessary amendments be made in the plaint of the said Suit No. 437 of 2001 within 6 weeks from today. 21. 19. The. Amendment Application (Paper No. 118-Ka) (Annexure No. 2 to the Petition/application) is allowed. 20. Let necessary amendments be made in the plaint of the said Suit No. 437 of 2001 within 6 weeks from today. 21. Learned Counsel for the par ties are agreed that their respective par ties will appear before the trial Court in the said Suit No. 437 of 2001 on 13-2-2006. 22. From a perusal of the said order dated 18-5-2005, it appears that this Court by the order dated 27-2- 2002 has directed for disposal of the said Suit No. 437 of 2001 within a period of three months. It is hoped that the trial Court will keep in view the said order dated 27-2-2002 passed by this Court and proceed to decide the said Suit No. 437 of 2001 expeditiously. Petition allowed. .