Allahabad High Court
Kamlesh Charan vs Additional District Judge Court No. 01 ... on 11 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
? Neutral Citation No. - 2025:AHC:135550
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 4055 of 2019
Petitioner :- Kamlesh Charan
Respondent :- Additional District Judge Court No. 01 Mathura And 8 Others
Counsel for Petitioner :- Ashok Shankar Bhatnagar,Harshul Bhatnagar
Counsel for Respondent :- Sharad Srivastava
Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed challenging the order dated 20.04.2019 rejecting an amendment application filed by the plaintiff/petitioner (Paper No. 107-ka) for amending the amendment application filed by the plaintiff/petitioner (Paper No. 93-ka).
3. Brief facts of the case are that a suit under Section 92 C.P.C. was filed by the plaintiff/petitioner. By order dated 30.10.2006 passed by the District Judge, Mathura, application under Section 92 C.P.C. for grant of leave was allowed. The said order was challenged by filing a civil revision being Civil Revision No. 440 of 2006, before this Court which was disposed of by judgment and order dated 25.03.2011, permitting the petitioner to move an amendment application for amending the plaint, which was to be filed within three weeks after serving copy of the same to the defendant and the District Judge, Mathura was directed to decide and hear the application and pass appropriate orders expeditiously. The order dated 25.03.2011 was challenged before the Supreme Court. The S.L.P. filed was disposed of. The Supreme Court has extended the time granted by the High Court to amend the plaint by four weeks by the judgment and order dated 19.07.2016, thereafter, an application for amendment has been filed (Paper No. 93-ka) by the plaintiff/petitioner within time as granted by the Supreme Court. Subsequently, an application (Paper No. 107-ka) was moved by the plaintiff/petitioner to amend the application (Paper No. 93-ka). The said application was dismissed by the Additional District Judge, Court No. 1, Mathura on the ground that once the time has been granted by the Supreme Court and the petitioner has filed the application within the time granted by the Supreme Court, now, the second application for amending the first application cannot be permitted as the same will amount to extension of time which is not within the jurisdiction of the trial court.
4. It has been contended by learned counsel for the petitioner that the subsequent application filed by the petitioner was to amend the already filed amendment application which was filed within time as granted by the Supreme Court. By allowing the amendment application seeking amendment in the amendment application will not amount to a fresh amendment and in case such an application is allowed, the same will relate back from the date of original amendment application.
5. Per contra, learned counsel for the respondent submitted that such a thing cannot be permitted as the Supreme Court has already granted four weeks' time to file amendment application and thereafter the petitioner has filed an application (Paper No. 93-ka). Now, he cannot be permitted to amend the application (paper No. 93-ka) by filing the second amendment application as the same amounts to extension of time which is not permissible.
6. In my view, contention of the learned counsel for the respondent is not justifiable as in case, the application for amendment (Paper No. 107-ka) is allowed, the same will relate back and therefore, there will be no question of extension of time by the trial court. Further, since, the original amendment application is pending, after this amendment, the respondent will get opportunity to file their objection to the amended amendment application which shall be decided thereafter. There is no prejudice going to be caused to the defendants.
7. In view of the above, order dated 20.04.2019 passed by Additional District Judge, Court No. 1, Mathura, is hereby set-aside and the application (Paper No. 107-ka) for amending the amendment application is allowed.
8. Accordingly, the petition is allowed.
9. The respondents are granted three weeks time to file their objections, if any, to the amended amendment application and the court below is directed to consider and decide the amendment application (Paper No. 93-ka) in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of filing objection by the defendant as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
Order Date :- 11.8.2025
Ved Prakash
(Manish Kumar Nigam,J.)
