Sri Mahavir Prasad Jain & Another vs Sri Ajit Kumar Jain
2014 Latest Caselaw 3234 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 36131 of 2014
 

 
Petitioner :- Sri Mahavir Prasad Jain & Another
 
Respondent :- Sri Ajit Kumar Jain
 
Counsel for Petitioner :- Atul Srivastava
 

 
Hon'ble Abhinava Upadhya,J.

This is defendants' petition. It is claimed that a suit for permanent injunction being Suit No. 422 of 2006 has been filed, which is pending before the Additional Judge, Small Cause Court, Agra. In the said suit an amendment application is said to have been filed by the plaintiffs for amending the plaint. The amendment application was allowed by order dated 18.9.2012. It is submitted that the said amendment application was filed with considerable delay as the amendment that was being sought by the plaintiffs in the plaint was within his knowledge when the defendants-petitioners filed their written statement, which was in 2006. However, without considering the objection of the defendants-petitioners the amendment application was allowed.

The petitioners then filed a revision challenging the said order. The revisional court held that against the order allowing the amendment application, revision is not maintainable.

Learned counsel for the petitioners has relied upon a decision of the Hon'ble Supreme Court in the case of Sambhavnath Digambar Jain Vs. Mohanlal and others, reported in (2003) 9 SCC 219 wherein it was held that against an order allowing the application under Order VI Rule 17 CPC, the said order is revisable.

The matter requires consideration.

Issue notice to the respondent returnable at an early date.

The petitioners shall take steps for service of notice upon the respondent within a week.

List this matter after service of notice.

Till the next date of listing, the operation of the impugned order dated 20.3.2014 shall remain stayed.

Order Date :- 16.7.2014

SKM