Ram Awadh Yadav vs Addl. District Judge And Others
2011 Latest Caselaw 760 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 18504 of 2011
 

 
Petitioner :- Ram Awadh Yadav
 
Respondent :- Addl. District Judge And Others
 
Petitioner Counsel :- Chandra Shekhar Kushwaha
 

 
Hon'ble Rajes Kumar,J.

The petitioner is a plaintiff in the suit. He filed the suit for specific performance. During the pendency of the suit, defendant no. 6 died. An application for the amendment has been moved for the substitution of widow of deceased Smt. Akhtari. In the said application, one Sri Sahab Saran filed objection and requested for rejection of the application. The trial court on a consideration of entire facts and circumstances, vide order dated 14.1.2009 allowed the application. Sri Sahab Saran moved another application for his impleadment on the ground that one Will has been executed by the deceased in his favour. The said application has been rejected by the trial court vide order dated 23.1.2010 on the ground that objection of Sri Sahab Saran has already been considered earlier and on consideration of the objection, the order has been passed on 14.1.2009. Against the said order, Sri Sahab Saran filed revision which has been allowed by the impugned order. The revisional authority has held that both the proceedings are independent proceedings.

The matter requires consideration.

Issue notice to the respondents returnable at an early date. The petitioner may take steps to serve the respondents within two weeks.

List in the week commencing 9.5.2011.

Till the next date of listing, the further proceedings in Suit No. 135 of 2001, Ram Awadh Yadav Vs. Islamuddin and others, shall remain stayed.

Order Date :- 1.4.2011

OP