Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 113733 (ALL)

Ashwani Tiwari v. SANTOSH KUMAR AND 5 OTHERS

CLRE/134/2024 · 2025-07-21

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:119888 Court No. - 9 Case :- CIVIL REVISION No. - 134 of 2024 Revisionist :- Ashwani Tiwari Opposite Party :- Santosh Kumar And 5 Others Counsel for Revisionist :- Yanendra Pandey Counsel for Opposite Party :- Vibhu Rai Hon'ble Manish Kumar Nigam,J. 1. Heard Sri Yanendra Pandey, learned counsel for the revisionist and Sri Vibhu Rai for the opposite party. 2. This revision has been filed challenging the order dated 19.1.2022, by which the revisionist has sought amendment in the prayer clause by deleting the alternative prayer made in the plaint. The said application was rejected by the court below on the ground that revisionist ought to have filed an application under Order 23 Rule 1, in case he wants to get the relief claimed. 3. The view taken by the court below is wholly erroneous. Revisionist can always move application for deleting the prayer made in the plaint and there is no requirement of moving an application under Order 23 for such purposes. 4. The order dated 19.1.2022, therefore, is set aside and the trial court i.e. Civil Judge (Senior Division), Chitrakoot, is directed to consider and decide the application filed by the petitioner for amendment in the plaint, expeditiously, preferably within a period of eight weeks, after hearing the parties concerned. 5. The revision is, accordingly, allowed. Order Date :- 22.7.2025 Ranjeet Sahu (Manish Kumar Nigam,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad