Heard learned counsel for the petitioner.
The petitioner has preferred present petition under Article 227 of the Constitution of India with the prayer to set aside the impugned order dated 21.10.2020 passed by District Judge, Hapur in Civil Revision No.54 of 2018 (Subhash & another Vs. Smt. Mithlesh & another) and order dated 13.04.2018 passed by Civil Judge (J.D.) F.T.C., Hapur in Original Suit No.524 of 2013 (Subhash & another Vs. Mithlesh & another).
It appears from perusal of the record that in Original Suit No.524 of 2012 filed by the plaintiff-petitioner, amendment application was filed by him on 19.04.2017, which was rejected by the trial court vide judgement and order dated 13.4.2018. Apart from the other grounds one of the ground taken by the trial court was that the facts regarding which amendment is sought for was in knowledge of the plaintiff-petitioner at the time of the filing of the suit. Against the aforesaid order revision was preferred being Revision No.54 of 2018, the same was also rejected by the revisional court vide its judgement and order dated 21.10.2020.
After some arguments it is stated by counsel for the petitioner that petitioner does not want to press this petition with liberty to the petitioner to raise these grounds at the time of final hearing of the suit.
Accordingly, present petition is dismissed. It is open for the petitioner to raise all the grounds before the concerned court below. The concerned court below is directed to consider the same in accordance with law.
Order Date :- 1.2.2021 Pramod Tripathi