Jamil Hussain Biabani S/O Mohd. Abid Hussain Biabani v. Mohammed Abid Hussain S/O Abdul Rahman, Biabani, Thr. Yusuf Hussain Biabani and Others
Case brief
What is this about?
Nagpur Bench Writ Petition No. 4818/2024 (neutral citation 2025:BHC-NAG:390), decided 13-01-2025 by M.S. Jawalkar, J.; Jamil Hussain Biabani (in person) v. Mohd. Abid Hussain Biabani & others (M. Anilkumar for Respondent No. 6). Challenge to order dated 11/06/2024 below Exhibit 279 in Regular Civil Suit No. 355/2004 (Civil Judge Senior Division, Chandrapur) permitting Defendant No. 5 to amend his written statement under Order VI Rule 17 CPC by adding Paragraphs 19-A and B pleading res judicata based on the decree dated 28/03/2023 in Regular Civil Suit No. 115/2004 (declaration/injunction suit over Survey Nos. 15/2 and 15/8, Koshtala, on Ekrarnama dated 25/01/1990; Suit 355/2004 stayed till its disposal below Exhibit 54). Held: no illegality or perversity; allowance of amendment entails no final adjudication of issues; petition dismissed; consequential amendment to be sought within two weeks; Trial Judge to decide amendment application within two weeks thereafter and the year-2001 suit preferably within three months.