High Court of Judicature at Allahabad
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Khem Chand & Others v. Mangi - WRIT - C No. - 57607 of 2007  RD-AH 18207 (22 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon. Dilip Gupta, J.
The petitioners are the defendants of Original Suit No. 81 of 2007 in which an application for amendment of the plaint was moved. The Trial Court rejected the amendment application but the Revisional Court has remanded matter back to the Trial Court for deciding the amendment application afresh.
Learned counsel for the petitioners has not been able to point out any infirmity in the order passed by the Court below which may warrant interference by this Court under Article 226 of the Constitution.
However, it is directed that the amendment application may be decided expeditiously preferably within a period of two months from the date of production of a certified copy of this order by the petitioners before the Court.
It is, however, made clear that any observation made by the Revisional Court shall not be binding on the Trial Court while deciding the amendment application which shall be decided on merits in accordance with law.
Subject to the observations made, this writ petition is dismissed.
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