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2025 DAILYLAW 113999 (ALL)

NAUSHAD AHMAD AND OTHERS v. SRIMATI SUKH RANI AND OTHERS

A227/1001177/2002 · 2025-03-17

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15610 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1001177 of 2002 Petitioner :- Naushad Ahmad And Others Respondent :- Srimati Sukh Rani And Others Counsel for Petitioner :- Mohammad Saeed Counsel for Respondent :- O.P. Tiwari Hon'ble Pankaj Bhatia,J. 1. Present petition has been filed challenging the order dated 19.03.2002 whereby the amendment application as well as the application for bring on record the documents were rejected. 2. The record reveals that a suit was decreed. While decreeing the suit, two issues were framed and while deciding the same, it was recorded that the boundaries as shown was not clear. It was also recorded that the person who had constructed the property was also not clear. Subsequently, during appeal, an amendment application was filed on the ground that certain documents were recovered at the time of inspection which were relevant. The said application was rejected. Simultaneously, the application whereby the documents was proposed to be brought on record was also rejected. 3. Considering the fact that the amendment sought was clarificatory in nature as is evident from amendment application, too harsh view was taken by the appellate Court by rejecting the amendment application. Further, considering the fact that the documents were not available and were acquired later on, the application bringing on record the documents ought to have been allowed in the interest of justice. 4. In view thereof, the orders dated 19.03.2002 cannot be sustained and are quashed. 5. The amendment application filed by the petitioner shall be deemed to have been accepted by this Court. 6. Matter is remanded to the appellate Court to decide the appeal in accordance with law on merits. 7. Present petition stands allowed in above terms. Order Date :- 17.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench