TRIVENI PRASAD v. STATE OF U.P. THRU. ZILADHIKARI, SHRAWASTI AND 2 OTHERS
A227/2179/2025 · 2025-05-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134364 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134364 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26789 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2179 of 2025 Petitioner :- Triveni Prasad Respondent :- State Of U.P. Thru. Ziladhikari, Shrawasti And 2 Others Counsel for Petitioner :- Satish Chandra Kashish,Devendra Pratap Verma,Krishna Kumar Shukla,Ratnakar Rao,Shreya Counsel for Respondent :- C.S.C.,Rakesh Kumar Srivastava,Ram Prasad Dwivedi Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Rakesh Kumar Srivastava, learned counsel for the respondent.
2. The present petition has been filed challenging the order dated 20.01.2025, whereby in the appeal an application filed under Order 6 Rule 17 of the CPC was rejected.
3. The facts, in brief, are that a suit was filed by the petitioner. Subsequently, the suit came to be dismissed as being beyond limitation and during the pendency of the appeal, an amendment application was filed seeking to amend the plaint, which was dismissed.
4. Considering the fact that the specific pleadings were decided to arrive at a finding that the suit was not within limitation, the same could not have been granted and the amendment application was rightly rejected. No interference is called for.
5. Accordingly, the writ petition is dismissed.
6. After the dismissal of the appeal, the petitioner would be entitled to raise all the grounds, in case the appeal is decided against him. Order Date :- 7.5.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench