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SUDARSHAN & OTHERS versus BHRIGU NATH

High Court of Judicature at Allahabad

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Sudarshan & Others v. Bhrigu Nath - WRIT - C No. - 41498 of 2007 [2007] RD-AH 15048 (5 September 2007)

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 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.

Dated:5.9.2007

AKJ(WP 41498/07)


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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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