Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 129 of 2019 Petitioner :- Nirupa Rawat Respondent :- Ramesh Kumar Rawat Counsel for Petitioner :- Sandeep Kumar Singh,Thakur Azad Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed with a prayer to set aside the order dated 15.11.2018 passed by Principal Judge, Family Court, Chandauli in Case No. 12/2017 (Ramesh Kumar Rawat Vs. Nirupa).
By the impugned order the amendment application filed by the applicant-respondent was allowed. The amendment was allowed to the effect that he was permitted to add minor Elisha as one of the respondent in the application and words read with under Section 25 of the Guardians and Wards Act, 1890 to be included in the cause title.
Submission of learned counsel for the petitioner is that this amendment has been allowed after the commencement of the trial and the amendment of the parties is over and the same cannot be allowed in view of the provisions of Order 6 Rule 17 C.P.C. Submission is that such amendment is absolutely unnecessary.
I have considered the submission of the learned counsel for the petitioner and perused the record.
I have perused the application filed under Section 7 of the Guardians and Wards Act, 1890. A prayer in the application is that applicant be declared guardian and her possession be handed over to the applicant and Section 25 of the Act be included in cause title.
On perusal of the record I find that the court below has rightly allowed the Amendment Application as it is not changing the nature of the application and in fact it appears that no further evidence is required after this amendment.
In such view of the matter, I do not find any ground to interfere in the impugned order.
The writ petition is accordingly dismissed.
Order Date :- 29.1.2019 Mohit Kushwaha