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Ram Kishan v. Ratan Singh And Others - WRIT - C No. 8390 of 2006 [2006] RD-AH 3584 (15 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 Umeshwar Pandey, J.

Heard learned counsel for the parties.

This petition challenges the orders of the courts below permitting certain amendment in the pleadings of the plaintiff respondent No. 1. By virtue of that amendment additional relief is being incorporated for declaration and cancellation of a decree dated 27.2.1999 passed in the earlier Suit No. 786 of 1996 including some addition of few paragraphs in relation thereto in the body of plaint itself. The earlier suit was between respondent Nos. 7 and 9 on one side as plaintiffs and 6 and 8 on the other side as defendants. That decree had been challenged repeatedly before the appellate courts and was lastly confirmed. Now after a lapse of about six years of passing of that decree the amendment in the plaint for its declaration as null and void has been proposed in this suit. The plaintiff of the present suit No. 26 of 1999 was not a party to the earlier suit. The petitioner was also not a party to the said suit.

Learned counsel appearing for the petitioner prays for and is permitted to reply the point resisting proposed amendment in the plaint regarding relief of declaration as to how he is aggrieved against the amendment being incorporated   in the plaint seeking relief of declaration. The decree does not bind either petitioner or the respondent No. 1.

The parties' counsel are given time to prepare this point and submit tomorrow i.e. 16.2.2006 as fresh.




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