M/S Bhagwati Constructions And ... vs Sri Naval Kumar And 2 Others
2021 Latest Caselaw 4573 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 
Case :- FIRST APPEAL No. - 142 of 2020
 
Appellant :- M/S Bhagwati Constructions And Another
 
Respondent :- Sri Naval Kumar And 2 Others
 
Counsel for Appellant :- Rajesh Kumar Singh
 
Counsel for Respondent :- Arun Kumar,D.P.Misra
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajit Singh,J.

Heard learned counsel for the appellant and learned counsel for respondent-Prayagraj Development Authority.

By way of this appeal, the appellants have challenged the judgment and order dated 20.1.2020 passed by Civil Judge (Senior Division), Allahabad dismissing Original Suit No.225 of 2019.

Plaintiff No.1 is a registered partnership firm and plaintiff No.2 is the partner of the said firm. Defendant Nos.1 and 2 are the other partners who have been joined as they were erstwhile partners of the firm.

The premise of rejecting/dismissing the suit which was a non contested suit is that the plaintiffs had not filed what can be said to be their sale deed.

We set aside the impugned judgment permitting the appellants to place all the documents by way of amendment which would be permitted by the Court below and the Court below shall take fresh decision.

Had the appellants filed all the documents on which they are placing reliance before this Court with an application under Order 41 Rule 27 of the Code of Civil Procedure, we would have taken a different view.

We are thankful to Sri Arun Kumar, learned Advocate, representing Prayagraj Development Authority to rightly point out to this Court that no application under Order 41 Rule 27 of C.P.C. has been filed before this Court for a period of more than two years.

In that view of the matter, we send back this appeal to the Court below for being decided afresh after consideration of all the documents which may be filed by the appellants-herein before the Court below.

Order Date :- 24.3.2021/DKS