The petitioner is a plaintiff in the suit, filed an application for permanent injunction and also moved an amendment application. The amendment application has been rejected merely on the ground that it was filed at a belated stage, though amendment application has been allowed in part.
Learned counsel for the petitioner submitted that the amendment cannot be rejected merely on the ground that it was filed at a belated stage. In support of the contention he relied upon a decision of the Apex Court in the case of Surendra Kumar Sharma Vs. Makhan Singh, reported in (2009) 10 SCC-626.
Issue notice to respondent nos. 1 and 2 returnable at an early date. The petitioner may take steps within one week.
List in week commencing 18.4.2011.
Till the next date of listing, the proceeding in Original Suit No. 375 of 1996 (Smt. Zahida Begum and others Vs. Sabbir and others) pending before the Civil Judge (Junior Division), Pilibhit shall remain stayed.
Order Date :- 14.3.2011 OP