HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 35977 of 2011 Petitioner :- Nizamuddin And Others Respondent :- Tasavwar And Others Petitioner Counsel :- Neeraj Agrawal Hon'ble Rajes Kumar,J.
Learned counsel for the petitioner submitted that the petitioner is a plaintiff in the suit. He filed a suit no. 1155 of 1987 for the cancellation of the sale deed. The suit was decreed against which the respondents filed an appeal which has been allowed and the matter has been remanded back to the trial court to frame one more issue and decide the suit afresh. The suit has again been decreed against which the respondents filed an appeal. During the pendency of appeal, an amendment application has been moved after 24 years for the amendment in the written statement. In the written statement earlier, it was pleaded that the plaintiff was mentally sound and now by the amendment it is being pleaded that the plaintiff is mentally sick.
Learned counsel for the petitioner submitted that the appellate court has illegally allowed the amendment application after 24 years. He further submitted that by the amendment the respondents intended to resile from their earlier admission which is not permissible in law.
Issue notice to respondent nos. 1 to 4 returnable at an early date. The petitioner may take steps to serve the respondents by registered post.
List in the week commencing 16.8.2011.
Till the next date of listing, the proceeding in Civil Appeal No. 66 of 2005 (Tasavwar Vs. Whaid) shall remain stayed.
Order Date :- 6.7.2011 OP