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VISHWANATH versus THAKUR PRASAD AND OTHERS

High Court of Judicature at Allahabad

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Vishwanath v. Thakur Prasad And Others - WRIT - C No. 25362 of 2006 [2006] RD-AH 9958 (19 May 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the petitioner.

This petition is wholly misconceived. The respondent-plaintiff proposes to add the relief for cancellation of sale deed, which has been executed by the petitioner defendant during pendency of the suit for permanent injunction. Naturally the occasion for amendment has arisen because of subsequent development and if the petitioner has executed some sale deed in respect of suit property without any authority the plaintiff do have a right to further seek the relief of its cancellation instead of going for a fresh suit. The courts below have allowed the application for amendment and such  orders cannot be interfered with in writ jurisdiction of this court.

The petition is without merit and is hereby dismissed.

19.05.2006

gp/25362


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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