Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6706 of 2019 Petitioner :- Sri Vakilur Rehman @ Raju And 2 Others Respondent :- Sri Sayed Raisul Hasan And 6 Others Counsel for Petitioner :- Himanshu Kumar,Sri Zafar M. Naiyer (Senior Advocate),Tariq Naiyer Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 7.8.2019, the trial court has rejected the amendment application filed by the petitioners seeking amendment in the plaint. By the amendment sought, the plaintiffs, at the state of final hearing of the suit, sought amendment to the effect that they be put back in possession of tenanted accommodation i.e. the suit property, as the decree passed in the eviction suit bearing no.32 of 2005 is not binding upon them, they being not party thereto. The trial court has observed that all the facts stated in the amendment application regarding passing of decree in Case No.32 of 2005 was in the knowledge of the petitioners; that relief of possession now sought would change the nature of the suit; and that the amendment application was filed after final hearing was over.
Counsel for the petitioners admits that the petitioners had filed a revision against the impugned order before the District Judge, Kanpur Nagar but later it was got dismissed as not pressed. Copy of the said order has not been annexed with the instant petition.
Since, the petitioners had availed the efficacious remedy of revision, which was available to them, but later got the same dismissed as not pressed and there being no material on record that any leave was obtained for seeking any other remedy while withdrawing the revision, this Court is not inclined to entertain the instant petition. Moreover, the application was filed belatedly, after final arguments were concluded. It is left open to the petitioners to challenge the impugned order alongwith final order passed in the suit.
The petition is accordingly dismissed subject to the above liberty.
(Manoj Kumar Gupta, J) Order Date :- 26.9.2019 SL