Court No. - 2
Case :- WRIT - C No. - 15427 of 2021 Petitioner :- Sarvesh Singh Respondent :- State Of U.P. And 21 Others Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for petitioner, learned Standing Counsel representing the State and learned counsel appearing for Gaon Sabha.
By means of instant petition, petitioner is assailing the order dated 23.12.2020 passed by revisional Court-second respondent/Additional Commissioner (Judicial) Second, Bareilly Division, Bareilly, affirming the order of Trial Court dated 30.11.2019 passed in Suit No. 1052 of 2017 affirming rejection of amendment application filed under Order 6 Rule 17 C.P.C.
Private respondents herein filed a suit under Section 144 of U.P. Revenue Code, 2006 seeking declaration in respect of suit property. After framing of the issues, petitioner/defendant filed an application dated 18.11.2019 seeking amendment of written statement. It was stated that suit is not maintainable in view of sub-clause (5) of Section 34 of U.P. Land Revenue Act, 1901, for the reason that possession certificate has not been filed before instituting the suit.
Learned counsels appearing for the State-respondents and Gaon Sabha submits that by the amendment application the petitioner has raised an objection in view of provisions contained in the U.P. Land Revenue Act, 1901, which stood repealed by Section 230 of U.P. Land Revenue Code, 2006. The U.P. Land Revenue Act, 1901, is enlisted in First Schedule of the Code. It is urged that the amendment application is misconceived having been filed for a provision of the repealed Act.
On being confronted, learned counsel for the petitioner is unable to show any illegality, perversity or infirmity in the impugned orders so as to warrant interference.
The writ petition lacks merits. Dismissed.
Order Date :- 28.7.2021 P. Sri.