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SHAFIQ AHMAD versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Shafiq Ahmad v. State Of U.P. & Others - WRIT - C No. 20870 of 2007 [2007] RD-AH 7563 (24 April 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 OF ALLAHABAD

         Court No. 21.

Civil Misc. Writ Petition No. 19950 of 2007

Azad Singh                                     ...               Petitioner

Versus

Additional Commissioner (J),

Moradabad and others                   ...               Respondents.

Hon. Sunil Ambwani, J.

Heard Sri K. Ajit learned counsel for the petitioner.

In a suit under Section  229 B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 the contesting respondents sought an amendment  of the plaint to change the  southern boundary of the land in dispute in which they are claiming  adverse possession.

The amendment was contested but was allowed  on 9.11.2005. The Civil Revision was dismissed on 23.11.2006 on the ground that it was not maintainable.  While changing the southern boundary, the identity of the land does not change nor any inconsistent plea is taken.   The change of one boundary may change the area but not the identity of the land in question. The submission that only after the application for survey of landwas rejected when the amendment was moved, also does not change the position.

The amendment to identify the land in dispute, does not prejudice the plaintiffs-defendant, who has also a right to  amend their written statement.  The trial court will do well to decide the suit expeditiously.

The writ petition is dismissed with these observations.

Dt.25.4.2007.

BM/-


Copyright

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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