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Amba Shanker Upadhya v. Some Nath Vyas - CIVIL REVISION No. 456 of 1982  RD-AH 1044 (17 January 2007)
Civil Revision No.456 of 1982
Amba Shanker Upadhya and others vs. Some Nath Vyas and others
List revised. No one has appeared on behalf of opposite parties.
Heard learned counsel for the applicant.
It appears that in civil appeal no.207 of 1980 an order for maintenance of status quo was passed by IVth Additional District Judge, Varanasi. Thereafter application under Order 39 Rule 2-A C.P.C. was filed alleging therein that the injunction order had been violated which was registered as Misc. Case No.22 of 1981. In the said case an application was filed seeking correcting in the application for temporary injunction and order of injunction. The correction was in the number of the house. The said application was allowed on 11.8.1982. The said order is challenged through this revision. It further appears that appeal itself was decided on 20.8.1981. In such situation it was not open to permit amendment in the temporary injunction application. After decision of the appeal such amendment was not permissible. In any case in the impugned order it is mentioned that "there is no dispute regarding the identity of house in suit between the parties."
In view of this there was no necessity to allow any amendment. The order is without jurisdiction.
Accordingly, revision is allowed. Impugned order is set aside.
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