HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 1318 of 2023 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed challenging the revisional order passed by the District Judge, Kanpur Nagar dated 7.1.2023 allowing the revision and remanding the matter for disposal of amendment application filed by the plaintiff in the suit afresh. 3. It has been contended by learned counsel for the petitioner that by the proposed amendment, nature of the suit is changed and the petitioner has introduced the new cause of action which is not permissible under the law. 4. Per contra, learned counsel for the respondents has submitted that the suit was initially filed for declaration on the basis of family settlement regarding property in dispute which is admitted a joint property of the parties. 5. The case of defendant was that there was no family partition and the plaintiff is not in possession over the property in dispute. After the Written Statement, amendment application was moved by the plaintiff- respondent that in case plaintiff is not found in possession, he may be permitted to add the relief of possession and also since the family partition has been denied by the defendants in case their objection is found to be correct then a decree of partition be passed in the suit. 6. It has been further submitted by learned counsel appearing for the Versus Counsel for Petitioner(s) : Rahul Agarwal Counsel for Respondent(s) : Manish Tandon Suresh Chandra Oswal .....Petitioner(s) Satish Chandra Oswal And 8 Others .....Respondent(s) respondents that plaintiff is otherwise entitled to file a suit for partition and there is no illegality committed by the Revisional Court in allowing the revision and that such amendment will avoid the multiplicity of the proceedings. Learned counsel for the petitioner relied upon the judgment passed by this Court in case of Smt. Asiya Begum vs. Inam Khan and others passed in Matters Under Article 227 No.12209 of 2023, decided on 26.9.2025. 7. In my view, no illegality has been committed by the Revisional Court. 8. The writ petition is devoid of merit and is dismissed accordingly. October 13, 2025 Rishabh A227 No. 1318 of 2023 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad