Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2945 of 2018 Petitioner :- Ashok Kumar Singh And 2 Others Respondent :- District Judge And 2 Others Counsel for Petitioner :- Rabindra Bahadur Singh Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for setting aside the order dated 13.9.2017 and 7.4.2018 passed by the court below.
By the order dated 13.9.2017 the trial court has allowed the amendment application filed by the plaintiff-respondent. The revision against the same filed by the defendant-petitioner was dismissed.
Submission of learned counsel for the petitioner is that the courts below have incorrectly allowed the amendment application as by the amendment boundaries of the property in dispute are being sought to be changed and the petitioner no. 2- Smt. Sudha herein has been incorrectly permitted to be added as respondent no. 2.
I have considered the submissions and have perused the record.
On perusal of record I find that the revisional court has rightly held that the name of Bhumi Prabandhak Samiti, Lalganj is formal in nature and does not affect the case. It is only when the written statement was filed by the petitioner, the plaintiff came to know that Smt. Sudha Devi is claiming that she has purchase the property, therefore, name has been added as defendant no. 2.
In my opinion, the impugned order does not suffer from any illegality insofar as change of boundaries is concerned. The record reflects that the relief as is being sought against the defendant will not change the nature of suit and only correction of boundaries as shown in the map has been carried out. Admittedly, the trial has not commenced and the defendant- petitioner would have full opportunity of presenting their case and giving evidence. They have also opportunity for filing additional written statement.
Under such circumstances, I do not find any good ground to interfere in the order impugned herein.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 27.4.2018 Lalit Shukla