Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 6377 of 2015 Petitioner :- Anjana Goel And Another Respondent :- District Judge Hapur And 2 Others Counsel for Petitioner :- Ashish Kumar Singh,Pradeep Kumar Singh Counsel for Respondent :- Girijesh Kumar Gupta,Raj Kumar Kesari,Shiv Shankar Pd Gupta Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the remittal order dated 04.07.2015 whereby the revisional court has set aside the order dated 04.04.2015 with the observation that the amendment sought by the plaintiff would amount to changing the nature of the suit and the relief sought therein and would also amount to withdrawal of admission made in the plaint.
After a brief submission, learned counsel for the petitioners submits that the petitioners do not propose to challenge the remittal order on merits but only this much may be directed that the observation made by the revisional court would not affect the merits of the amendment application i.e. that the trial court has to decide the amendment application on its merit, without being influenced by any of the observations made in the order of the revisional court.
Sri Shiv Shankar Prasad Gupta learned counsel has put in appearance on behalf of respondent nos.2 and 3. He however, submits that the revisional court has rightly observed that the proposed amendments are in the nature of withdrawal of admission of the plaintiffs and would change the nature of the suit and that the trial court is under obligation to decide the amendment application in the light of the said observation.
Considering the said submissions and noticing the fact that the trial court has been directed to decide the amendment application afresh, there cannot be a doubt that it has to decide the said application in the light of the principles relating to amendment of plaint under Order 6 Rule 17 of the Code of Civil Procedure, independently without being influenced by any of the observation made by the revisional court. All endeavour shall be made to decide the matter expeditiously, preferably within a period of two months from the date of submission of certified copy of this order.
It goes without saying that no unnecessary adjournment shall be granted to any of the parties.
Subject to the above observations, the present petition is disposed of.
Order Date :- 27.2.2019/Himanshu