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Allahabad High Court

Smt. Sajida Begum vs Noor Mohd. Khand And 10 Others on 24 September, 2019

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7004 of 2019
 

 
Petitioner :- Smt. Sajida Begum
 
Respondent :- Noor Mohd. Khand And 10 Others
 
Counsel for Petitioner :- Anshul Kumar Singhal,Vinod Kumar Agarwal
 

 
Hon'ble Vivek Kumar Birla,J.
 

Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.

The present petition has been filed for setting aside the impugned order dated 3.8.2019 passed by Session Judge, Aligarh in Civil Revision No. 20 of 2018 (Noor Mohammad Khan and others vs. Abdul Mukeet Khan and others).

The petitioner herein himself moved an application for impleadment in the pending suit which was allowed and she was impleaded as plaintiff no. 2. Thereafter, she moved an application seeking amendment. The amendment application was allowed by the trial court, however, the revisional court found that the order of the Trial Court is illegal and in the amendment application reliefs have been claimed against the plaintiff no. 1 also and, therefore, the impleadment itself was contrary to law. The matter has been remanded to the trial court for decision afresh after hearing the parties.

In the facts and circumstances of the case, I do not find any good ground to interfere in the order impugned herein which is only a remand order and no prejudice has been caused to the plaintiff.

Accordingly, present petition stands dismissed.

Order Date :- 24.9.2019 Aditya