Ashok Goyal vs Nityanand Badoni And
2021 Latest Caselaw 1983 UK

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      22.06.2021                            WPMS No. 1074 of 2021
                                            Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Siddhartha Sah, Advocate, for the petitioner.

The petitioner before this Court is a plaintiff in Original Suit No. 312 of 2013, Ashok Goyal Vs. Nityanand Badoni and another, wherein he has sought a decree for the grant of mandatory injunction and the removal of the shutter, which, according to the petitioner/plaintiff was placed at point 'K' to 'L', over the disputed property, as shown in the plaint map.

After filing of the written statement by the defendants on 25.10.2013, and the extension of the witnesses by way of an examination-in- chief by the plaintiff, the plaintiff (petitioner herein), has filed an application under Order 6 Rule 17 of the CPC on 07.08.2019, seeking certain amendments in the plaint, which has been rejected by the learned Court of Civil Judge (Senior Division), Dehradun, by one of the impugned orders dated 07.10.2019, which, on a challenge being given by the petitioner in a Civil Revision being Civil Revision No. 160 of 2019, has been affirmed with the dismissal of the Civil Revision, by a judgment dated 03.04.2021, which is impugned in the writ petition.

The solitary ground, which has been concurrently taken by both the Courts for rejecting the application for amendment of the petitioner, was in the light of the judgement reported in 2008 (5) SCC 517, Chandrakanta Bansal Vs. Rajinder Singh Anand, which is being contended by the applicant/plaintiff that in the given set of circumstances of the case its principle would not be applicable.

The matter requires scrutiny. Let notices be issued to the respondents.

Petitioner would take steps within a period of 10 days from today.

List after the service of notice. By way of an interim measure, it is directed that till next date of listing, the further proceedings of Suit No. 312/2013, Ashok Goyal Vs. Nityanand Badoni and another, which is pending before the Court of 4th Civil Judge (Senior Division), Dehradun, would not be proceeded with.

Stay Application No. 1/2021 stands disposed of accordingly.

(Sharad Kumar Sharma, J.) 22.06.2021 Mahinder/