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VIMAL KRISHNA AGARWAL versus ADDL. DISTRICT JUDGE BADAUN AND ORS

High Court of Judicature at Allahabad

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Vimal Krishna Agarwal v. Addl. District Judge Badaun And Ors - WRIT - C No. 6912 of 1999 [2007] RD-AH 9852 (22 May 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.23)

Civil Misc. Writ Petition No.6912 of 1999

Vimal Krishna Agarwal  vs.  Ist Additional District Judge, Badaun and others

Hon.S.U.Khan,J.

Heard learned counsel for the parties.  Petitioner has instituted a suit.  Initially in the suit there were five defendants i.e. Krishan Murari  Agrawal, Hari Bhagwan Agrawal, Vishnu Bhagwan Agrawal, Anil Kumar Agarwal and Abhai Krishna Agarwal.  The suit was registered as O.S. No.50 of 1979 on the file of  Civil Judge, Badaun.  Defendant no.1 in the suit Krishna Murari Lal died and was substituted by his heirs.  Thereafter plaintiff filed an application for impleading Indian Oil Corporation through its Managing Director and Senior Additional Manager.  Amendment application was filed in July - 1998.  Amendment application was allowed by the trial court on 25.11.1998.  Against the said order defendant no.2 - Hari Bhagwan Agarwal filed civil revision no.8 of 1999.  Ist Additional District Judge, Badaun through order dated 28.1.1999 allowed the revision, set aside the order of the trial court and rejected the amendment application of plaintiff.  Hence this writ petition.

The existing  defendants have no right to object to the impleadment of new defendants.

In the plaint the allegation is that the parties to the suit constituted a firm.  The prayer in the plaint is for dissolution of the firm and for payment of Rs.30,000/- as plaintiff's share. Through the amendment it was also added in the plaint that Indian Oil Corporation be restrained from shifting petrol pump in question from one place to another.  As far as shifting of petrol pump is concerned defendants have got full right to oppose the same by filing additional written statement.

Even otherwise there was no jurisdictional error in the order passed by the trial court.  Order of revisional court, being erroneous in law, is therefore, set aside.

Trial court is directed to decide the suit as expeditiously as possible  however, in no case beyond six months from the date of production of a certified copy of this order.  Absolutely no un-necessary adjournment shall be granted to any party.  If any of the parties seek any adjournment then it shall be granted on very heavy cost which shall not be less than Rs.500/- per adjournment.  Trial court should not waste any time on interim matters.

Writ petition is accordingly allowed.

22.5.2007

RS/-


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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