WPMS/1289/2021
2021 Latest Caselaw 2488 UK

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                                      WPMS No.1289 of 2021

                                      Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Mr. Pankaj Kumar Sharma, Advocate, for the petitioners.

Mr. Navneet Kaushik, Advocate, for the respondents.

The petitioners to the present writ petition has given a challenge to the revisional court's order which was rendered in Revision No.65 of 2016, which was dismissed by the impugned judgment of 16.06.2021 passed by the revisional court of 2nd A.D.J., Roorkee, District Haridwar, and as a consequence thereto the learned Revisional Court, has affirmed the order dated 31.07.2015 allowing the application under Order 9 Rule 13 of C.P.C., in Misc. Case No.4 of 2013.

At the time when the writ petition was instituted, the petitioner has not put a challenge to the order of 31.07.2015 and hence, this Court by virtue of an order dated 09.07.2021, had granted opportunity to the petitioner to file an appropriate amendment application.

Today, the matter is listed on Amendment Application No.03 of 2021, alongwith the Exemption Application. If the amendment application itself is taken into consideration in the light of the pleadings raised in para 4, he has sought to incorporate an additional relief for giving a challenge to the order of 31.07.2015 and the said pleading would be read in consonance to the relief clause of amendment application.

In that eventuality, the defect, as pointed out by the Registry is overruled. The Amendment Application, as such is allowed and the petitioner is permitted to incorporate the relief clause, as prayed for in para 4 of the amendment application by incorporating the same in the memorandum of the writ petition. He would carry out the necessary amendment within a period of one week from today.

List this writ petition on 03.08.2021 as fresh.

(Sharad Kumar Sharma, J.) 20.07.2021 Arti