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Lal Singh v. Anwar Ahmad And Others - WRIT - A No. 8718 of 2006 [2006] RD-AH 3356 (14 February 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Anjani Kumar, J.

Heard learned counsel for the parties.

The petitioner-tenant has approached this Court by means of this writ petition under Article 226 of the Constitution of India being aggrieved by an order passed by the appellate authority during the pendency of an appeal under Section 22 of U.P. Act No.13 of 1972 (hereinafter referred as the Act) whereby an application for amendment, Paper No.129-Ka-2, has been rejected by the appellate authority on the ground that it is highly belated, secondly it amounts to change in defence taken by the petitioner and thirdly the petitioner's case can be considered by the appellate authority.

For the delay the petitioner has given absolutely no explanation. Secondly, if this amendment is not allowed the petitioner can raise those points which are taken in the amendment application. Thus in my opinion the order passed by the appellate authority rejecting the application for amendment does not suffer from any error much less an error of law which may warrant interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India.

The writ petition has no force and is accordingly dismissed.

Dt: 14.2.2006

mhu - 8718/06


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