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SUMITRA DEVI versus SMT. KAMLA KISHORE & OTHERS

High Court of Judicature at Allahabad

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Sumitra Devi v. Smt. Kamla Kishore & Others - WRIT - C No. 7798 of 2004 [2005] RD-AH 4645 (21 October 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                                       Court No.38

Civil Misc. Writ Petition No. 7798 of 2004

Sumitra Devi          vs.             Smt. Kamla Kishori and others

Hon'ble Vineet Saran, J

The petitioner has filed this writ petition challenging the order dated 19.1.2004 whereby her amendment application has been rejected by the court below on the ground that the amendment sought in the application is not a simple amendment to correct the cause title of the appeal but the real objective is to change the nature of litigation by changing the capacity of the appellant for filing the appeal.

The petitioner was impleaded by name in the litigation whereas after several years she moved an application for changing her capacity and sought an amendment that her name may be shown as Manager of Gulab Hari Sanskrit Mahavidyalaya, Brindavan, Mathura.

Having heard learned counsel for the parties and on perusal of record I do not find any cogent ground for interference with the impugned order. It is correct that in case if the amendment is allowed, it shall change the nature of litigation as the appellant desires to change her capacity from individual to Manager of the institution.

Accordingly, this writ petition lacks merit and is, thus, dismissed. No order as to cost.

Dt/-21.10.2005

dps


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