Court No. - 38
Case :- WRIT - C No. - 38361 of 2018 Petitioner :- Sri Surendra Singh Jain @ Munna Babu Respondent :- District Judge Civil Court Agra And 3 Others Counsel for Petitioner :- Sudeep Harkauli
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner.
By means of this writ petition the petitioner has come up to this Court raising a grievance that in a suit for eviction against him there was an interpolation with regard to question of jurisdiction before which court the suit is maintainable. In the plaint initially it was mentioned as Civil Judge (Senior Division). The petitioner objected being defendant and then it was interpolated and it was mentioned as Civil Judge (Junior Division). This fact was brought to the notice of the court stating that such interpolation cannot be allowed without moving an appropriate amendment application. The court without considering the objection of the petitioner is proceeding to hear the suit.
We have considered the submissions of the learned counsel for the petitioner.
In case, the said suit is decided against the petitioner, all these grounds can be taken in appeal. In writ proceedings, we are not inclined to entertain such objections. In case, any application is filed before the District Judge on the administrative side, the same shall be considered and decided in accordance with law.
The writ petition is mis-conceived and it is, accordingly, dismissed.
Order Date :- 26.11.2018 SKM (Vivek Varma,J.) (Abhinava Upadhya,J.)