Smt. Soni Prajapati vs Radheyshyam
2022 Latest Caselaw 3503 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3779 of 2022
 

 
Petitioner :- Smt. Soni Prajapati
 
Respondent :- Radheyshyam
 
Counsel for Petitioner :- Ashish Kumar Srivastava
 

 
Hon'ble J.J. Munir,J.

Heard Mr. Ashish Kumar Srivastava, learned Counsel for the petitioner in support of the petition.

This petition has been filed challenging the order dated 16.09.2021 passed by the Additional District Judge, Varanasi partly allowing the tenant-petitioner's amendment application, but also refusing it in substantial measure for some of the amendments sought.

The learned Counsel for the petitioner submits that the identity of the shop, that is subject matter of the suit, is altogether different from the one wherefrom the tenant-petitioner's eviction is sought. The Additional District Judge is seized of a revision under Section 25 of the Small Cause Courts Act, where the landlord's suit has been decreed.

It is difficult at this stage to permit the amendment sought by the tenant-petitioner to the grounds of revision. This is so because the tenant-petitioner seeks to dispute the identity of the suit property. This Court does not want to comment further on the merits of the matter since the hearing of the revision is at a fairly advance stage. It is, however, provided that in case the event in the revision goes against the tenant-petitioner, it shall be open to the petitioner to challenge the order impugned in the present petition while challenging the judgment and decree passed in the revision.

Subject to the above clarification, no case for interference is made out under Article 227 of the Constitution.

This petition fails and is dismissed.

Order Date :- 19.5.2022

Anoop