Unknown vs Rakesh Kumar And Others"
2022 Latest Caselaw 912 UK

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      24.03.2022                         CLR No.15 of 2022
                                         Hon'ble Alok Kumar Verma, J.

This Civil Revision has been filed under Section 115 of the Code of Civil Procedure, 1908 against the order dated 04.03.2022, passed by the learned 1st Additional Civil Judge (Senior Division), Haridwar in Original Suit No.09 of 2016, "Sandeep and Others vs. Rakesh Kumar and Others", whereby an application, filed by the respondents-plaintiffs under Order 6 Rule 17 of CPC, has been allowed.

Heard Mr. Siddhartha Singh, learned counsel for the revisionists.

Mr. Siddhartha Singh, the learned counsel for the revisionists submitted that the revision is maintainable. In support of his submissions, the learned counsel for the revisionists has relied upon a judgment dated 25.11.2020, passed by the Co-ordinate Bench of this High Court in Writ Petition (M/S) No.888 of 2017, "Smt. Asha Chaudhary Bhattacharya and Others vs. Shri Ved Prakash Arora". The learned counsel for the revisionists further submitted that the learned trial court had no jurisdiction to allow the amendment application in view of the proviso to Order 6 Rule 17 of the CPC.

Admit.

Issue notice to all the respondents. Steps to be taken within three days. Post this case on 25.04.2022. The effect and operation of the impugned order dated 04.03.2022 is stayed till the next date of listing.

(Alok Kumar Verma, J.) 24.03.2022

Neha