KANCHAN KUMAR @ RAJENDRA PRASAD versus ARUN KUMAR & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Kanchan Kumar @ Rajendra Prasad v. Arun Kumar & Others - WRIT - C No. 65927 of 2005 [2005] RD-AH 4259 (17 October 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

The petitioner-plaintiff, aggrieved by the order dated 23rd September 2005 passed on the application no.344 Ka2 whereby the aforesaid application has been rejected by the appellate court during the pendency of an appeal, has approached this Court by means of this writ petition under Article 226 of the Constitution of India.

It appears that the plaintiff filed an appeal against the judgment and order of the trial court. During the pendency of the appeal, as appears from narration of fact and the order impugned in the present writ petition, the plaintiff-petitioner wanted to amend his plaint bringing certain facts on the record regarding compromise entered into between some parties and the effect thereof, which has been rejected by the appellate court on the ground that the amendment may be binding between the parties who are parties to the compromise but will not be binding on those who are not parties to the compromise.

Learned counsel for the petitioner could not demonstrate that the aforesaid judgment of the appellate court suffers from error much less an error of law so as to warrant interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India.

This writ petition has, therefore, no force and is dismissed.

Dt: 17.10.2005.

mhu - 65927/05

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