Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5630 of 2019 Petitioner :- Rashid Ahmad Respondent :- Nesar Ahmad And 12 Others Counsel for Petitioner :- Shri Niwash Yadav,Awadhesh Kumar Malviya
Hon'ble Manoj Kumar Gupta,J.
The petitioner, by means of instant petition under Article 227 of the Constitution is assailing the order passed by the trial court dated 6.10.2018 allowing amendment in the plaint at pre-trial stage and the order of the revisional court dated 7.5.2019 dismissing the revision.
Learned counsel for the petitioner submitted that the facts which were got introduced in the plaint is repetition of the story set up in Complaint Case No.2636 of 2012, the proceedings whereof had been stayed by this Court.
The amendment was for bringing on record subsequent events taking place during pendency of the suit. It was alleged that after filing of the suit and inspection of the suit property by Amin Commissioner, the defendants, after demolishing the southern wall of the shop, took possession of the same. Accordingly, relief for possession was also sought.
The trial court allowed the amendment application observing that the amendment has been sought at pre-trial stage and since it relates to alleged subsequent event, the same deserves to be allowed.
This court finds no good ground to interfere with the impugned order as the courts below were fully justified in permitting such amendment to be brought on record and that too when the trial had not commenced.
At this stage, counsel for the petitioner submitted that a direction be issued to the court below to decide the suit expeditiously.
Having regard to the said request, the trial court is directed to decide the suit expeditiously by fixing short dates and without granting unnecessary adjournments.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 25.7.2019 skv