Dismissed

Tribhuwan Singh v. Sheshnath Singh and 10 Others

Allahabad HC10 Jul 2023A227/3652/2023

Case brief

AI extract

What is this about?

This Article 227 writ petition seeking quashing of orders rejecting a plaint amendment application and directing maintenance of possession was dismissed. The Court noted the petition was vague, lacked enclosed documents regarding the trial stage, and no interference was called for.

What did the court decide?

No interference was called for; the petition was dismissed in the interest of justice due to lack of material particulars.

Tribhuwan Singh Vs Sheshnath Singh and 10… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:135199

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Court No. - 1

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Case :- MATTERS UNDER ARTICLE 227 No. - 3652 of 2023

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Petitioner :- Tribhuwan Singh Respondent :- Sheshnath Singh And 10 Others Counsel for Petitioner :- Vijeta Singh,Mahendra Bahadur Singh

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Hon'ble Jayant Banerji,J.

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List has been revised. No one appears to press the writ petition.

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This petition has been filed with the following prayers:-

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"A. Call for the record and quash the impugned order dated 3.7.2015 (Annexure No. 6) passed by the Learned Additional Civil Judge, Azamgarh and order dated 22.9.2022 (Annexure No. 7), passed by the learned Additional District Judge.

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B. Direct the respondents not to disturb and interfere in the physical possession of the petitioner/plaintiff."

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It appears that an application filed by the petitioner under Order 6 Rule 17 CPC for amendment of the plaint has been rejected by the order dated 3.7.2015, passed by the trial court in O.S. No. 1053 of 1994 (Tribhuwan Singh Vs. Sheshnath Singh and others) that is stated to be pending in the court of Additional Civil Judge (Court no.19) Azamgarh. The trial court has observed that the amendment application is being made after ten years and no reasons for delay has been explained and the nature of the dispute is being sought to be changed by the amendment sought and, accordingly, the application was rejected.

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The order aforesaid was challenged in Civil Revision No. 83 of 2015 in the court of Additional District Judge (Court no.1), Azamgarh by the plaintiff-appellant which was dismissed by the impugned order dated 22.9.2022 by the Additional District Judge, Court no.1, Azamgarh.

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In this petition, no documents like order sheet etc. have been enclosed, from which it could be evinced that what is the stage of trial and whether trial has commenced or not. This petition is vague and lacking in material particulars.

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Accordingly, no interference is called for. The petition is,

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accordingly, dismissed .

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Copy of this order shall be sent by the Registrar (Compliance) to the court concerned.

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Order Date :- 10.7.2023 sfa/

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(Jayant Banerji, J)

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Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad

Tribhuwan Singh v. Sheshnath Singh and 10 Others

Case brief

What is this about?

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Tribhuwan Singh v. Sheshnath Singh and 10 Others

Case brief

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What did the court decide?

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