Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 38368 (ALL)

PRATAP SINGH AND ANOTHER v. MAAN SINGH

A227/6230/2019 · 2025-05-07

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:75158 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6230 of 2019 Petitioner :- Pratap Singh And Another Respondent :- Maan Singh Counsel for Petitioner :- Pradeep Kumar Sharma Counsel for Respondent :- Karunesh Narayan Tripathi Hon'ble Rohit Ranjan Agarwal,J. 1. Petitioners before this Court had instituted the Original Suit No. 10 of 2017 against the defendant respondent for partition of plot No. 240 measuring area 1.242 hectare. During pendency of the said suit an application under Order I Rule 10 CPC read with Order VI Rule 17 CPC was moved by the plaintiff petitioners for impleading certain persons as defendant in the suit and also for amending the plaint. The said application was allowed by the trial court, against which Civil Revision No. 117 of 2018 was preferred by the defendant which has been allowed by the order impugned. Hence, this writ petition. 2. From perusal of records, it is clear that petitioners wants to implead certain persons as defendants in the said partition suit to whom sale deed has been executed. Only the averment regarding sale deed has been made in the application. The revisional court had recorded a finding that without there being any material on record the application under Order I Rule 10 CPC has been allowed. The revisional court has also recorded the finding that if the amendment was allowed the nature of suit would change as it is only a partition suit between the brothers. 3. Considering the facts and circumstances of the case, I find that no interference is required by this Court with the order impugned. Writ petition is misconceived and same is hereby dismissed. Order Date :- 8.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad