Allahabad High Court
Smt. Nirmala Chauhan And Another vs Smt. Suman Devi And Others on 22 January, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- CIVIL REVISION No. - 538 of 2009 Petitioner :- Smt. Nirmala Chauhan And Another Respondent :- Smt. Suman Devi And Others Petitioner Counsel :- Mahesh Narain Singh,M.N. Singh Hon'ble Krishna Murari, J.
Heard learned counsel for the applicants.
This civil revision is directed against the order dated 05.11.2009 rejecting the application filed by the applicants under Order VI Rule 17 C.P.C. seeking amendment in the plaint. It is contended that except for respondent no. 4 who has received the notice, on one hand, the respondents have refused to accept dasti notices and on the other hand, the court below is proceeding in haste to decide the appeal itself rendering this civil revision infructuous. It has further been submitted that court below has fixed 28th January, 2010 for delivery of judgment. Considering the facts and circumstances, till the next date of listing, further proceedings before the court below shall remain stayed. The applicants shall file a copy of this order before the court below along with an application after serving a copy of the same on the learned counsel appearing for the respondents before the court below which shall be deemed to be sufficient service of notice. After having received the notices, respondents may file counter affidavit within four weeks of the receipt of the order. Applicants will have two weeks thereafter for filing rejoinder affidavit.
The matter may be listed after expiry of the aforesaid period. The question of maintainability of this civil revision shall also be considered on the next date of listing.
25.01.2010 VKS/ C.R. 538/09