Allahabad High Court
Baljeet vs Chameli And 3 Others on 3 April, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 2441 of 2023
Petitioner :- Baljeet
Respondent :- Chameli And 3 Others
Counsel for Petitioner :- Chetan Chatterjee
Hon'ble Prakash Padia,J.
Heard Shri Chetan Chatterjee, learned counsel for the petitioner and perused the record.
The present petition has been filed by the plaintiff-petitioner to set aside the order dated 28.09.2022 passed by the court of Additional District Judge, Court No. 1, Saharanpur in Civil Revision No. 70 of 2022 (Smt. Chameli and others vs. Baljeet).
Facts in brief as contained in the petition are that the plaintiff-petitioner filed a suit before the trial court namely Civil Judge (Junior Division), Hawali, District Saharanpur being Original Suit No. 221 of 2008 (Baljeet vs. Smt. Chameli and others). In the said suit, an application for amendment was filed in the paper no.56-A1, the same was allowed by the trial court by imposing the cost of Rs.1,000/- vide order dated 26.05.2022.
Aggrieved against the aforesaid, defendants in the aforesaid suit filed a revision being Civil Revision No. 70 of 2022 before the revisional court. The said revision was finally allowed by the Additional District Judge, Court No. 1, Saharanpur vide judgment and decree dated 28.09.2022, hence the present petition.
It is argued by the counsel for the plaintiff-petitioner that the amendment application was rightly allowed but wholly illegally the said order was interfered with by the revisional court, hence the order dated 28.09.2022 be quashed.
Heard counsel for the plaintiff-petitioner and perused the record.
While going through the record, it transpires that the amendment application being Application No. 56-A1 was allowed by the Civil Judge (J.D.), Hawali, District-Saharanpur without assigning any reason whatsoever. The reasons which were assigned by the trial court by allowing the amendment application, reads as follows:-
"???? ??? ???????? ?? ?????? ???? ??? ????? ?? ????? ???? ?? ?? ???????? ?????? ????????? ???? 56?1 ??? ???? ??? ?????? ??? ???? ???? ???????? ???? ??? ?? ?? ?? ??? ???? ?? ??????? ??? ???? ?????? ??? ????? ???? ????? ???? ??? ??? ??? 2008 ?? ????? ??? ???? ?????? ???? ??? ?????? ???? ???? ?? ???????? ???? ??? ??? ???????? ?????? ??? ?? ?????? ?????? ?? ??? ?????? ??? ??? ????? ?? ???? ??? ???????????? ?? ???????? ???? ??? ????????? ???? 56?1 ????? ?? ??????? ??? ???? ????? ?? ? "
After going through the same, the Court is of the opinion that the said order was passed without application of mind and in the interest of justice, both the orders namely order dated 26.05.2022 passed by the Civil Judge (J.D.), Hawali as well as the order dated 28.09.2022 passed by the Additional District Judge, Court No.1, Saharanpur are liable to be quashed and are hereby quashed. The trial court is directed to pass a fresh order in accordance with law by looking reasons after providing opportunity of hearing to all the parties concerned, the aforesaid order be passed by the trial court within a period of three months from the date of production of certified copy of this order.
Order Date :- 3.4.2023
Swati
