Avadhesh Kumar and Another v. Mithlesh Kumar and Another
Case brief
What is this about?
Allahabad High Court, Lucknow Bench, Matters Under Article 227 No. 725 of 2026, Subhash Vidyarthi J., decided 12-03-2026: Article 227 challenge by defendants (Avadhesh Kumar) to trial court order dated 28/10/2024 allowing plaintiffs' amendment adding a challenge to the deed dated 19/5/2023 executed by defendant No. 2 in favour of his daughter-in-law in pending partition suit O.S. No. 417 of 2023 (Unnao), and to the revisional court's judgment dated 14/11/2025 in Civil Revision No. 44 of 2024 dismissing the revision; held the amendment did not change the nature of the suit and avoids multiplicity; petition dismissed at admission stage. Keywords: Article 227, amendment of plaint, partition suit, gift/sale deed, nature of suit, multiplicity, Unnao.
What did the court decide?
The trial court and the revisional court correctly recorded that the amendment sought does not change the nature of the suit and would prevent multiplicity of litigation; the amendment challenging the deed dated 19/5/2023 was therefore validly allowed and upheld.