This Court dismissed a writ petition under Article 227 filed by defendants challenging decisions by the trial court and revisional court allowing amendment of plaint despite limitation pleas. The Court held there was no jurisdictional error.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 1049 of 2022 Petitioner :- Anup Kumar Jain And Another Respondent :- Manoj Kumar Jain And 3 Others Counsel for Petitioner :- Manish Tandon Counsel for Respondent :- Akash Chandra Maurya
Hon'ble Salil Kumar Rai,J.
The present petition has been filed challenging the order dated 2.9.2021 passed by the Civil Judge(Senior Division), Kanpur Nagar (hereinafter referred to as 'trial court') in Original Suit No.1450/1994 whereby the trial court has allowed the amendment application filed by the plaintiffs-respondents. Civil Revision No.106/2021 filed against the order of the trial court has been rejected by the Additional District Judge, Court No.10, Kanpur Nagar, i.e., revisional court, vide its order dated 17.12.2021. The petitioners have also challenged the order dated 17.12.2021. The petition has been filed by the defendants.
It has been pleaded by the counsel for the defendants that through the amendments proposed to be incorporated in the plaint, the plaintiffs-respondents propose to introduce a relief which is barred in law and therefore, the amendment application was not maintainable.
The Courts below have rejected the plea of the defendants on the ground that the defendants shall have the opportunity to file their additional written statement and the plea of limitation is a mixed question of law and the fact which shall be decided in trial and after evidence.
There is no jurisdictional error in the orders passed by the Courts below which are based on material available on record. In any case, the petitioners have the right to challenge the order allowing the amendment application in any appeal filed against the final decree of the trial court.
In view of the aforesaid, it is not a fit case for interference by this Court under Article 227 of the Constitution of India.
The petition is dismissed.
Order Date :- 3.3.2022 IB
Digitally signed by ITU BANERJEE Date: 2022.03.03 16:16:12 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court is justified in entertaining a writ petition under Article 227 challenging orders relating to amendment of plaint and limitation.
Whether the Courts below committed any jurisdictional error warranting interference under Article 227.
2 provisions across 1 enactments
Anup Kumar Jain And Another
Manoj Kumar Jain And 3 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
