High Court of Judicature at Allahabad
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Sudarshan & Others v. Bhrigu Nath - WRIT - C No. - 41498 of 2007  RD-AH 15048 (5 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon.Tarun Agarwala, J.
Heard the learned counsel for the opposite parties.
In my view, the appellate court was justified in holding that the amendment application should be decided first by the trial court and thereafter, the application of the defendant under Order 7 Rule 11 of the C.P.C. would be considered. In my view there is no error in the order of the appellate court.
The writ petition is dismissed.
However, this Court directs the trial court to consider the application of the defendants under Order 7 Rule 11 C.P.C. immediately after the disposal of the amendment application of the plaintiff.
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