Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6372 of 2019 Petitioner :- Dev Pal Respondent :- Chandra Kishore And 7 Others Counsel for Petitioner :- Ghanshyam Pandey,Prabhooti Kant Tripathi
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 14.5.2019, whereby the trail court has rejected the application 21-Ka-1 filed by the petitioner seeking amendment in the memo of appeal. It has been alleged in the said application that part of the suit property has been sold on 18.5.2016 by the defendants in favour of Phool Singh and Beena Singh and, therefore, they should be permitted to be impleaded in the memo of appeal and consequential amendment in that regard were also sought in the memo of appeal. It is noteworthy that the appeal filed by the petitioner is against the order of the trial court directing return of plaint for presentation before the court of competent jurisdiction in exercise of power under Order 7 Rule 10 CPC.
This Court finds no illegality in the order of appellate court rejecting the application. In case, the appeal is ultimately allowed, the suit will then be tried by the same court and in which event, the petitioner will have opportunity to amend the plaint itself. Even if the appeal is dismissed and the plaint is returned to the petitioner for presentation before appropriate court, it shall be open to the petitioner to amend the plaint.
Thus, no ground is made out to interfere with the impugned order. The petition lacks merit and is accordingly dismissed.
Order Date :- 26.8.2019 SKS (Manoj Kumar Gupta, J)