Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:85480 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4259 of 2025 Petitioner :- Mohd. Iqbal Respondent :- Mohd. Irshad And 7 Others Counsel for Petitioner :- Divakar Rai Sharma Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiff's petition. In the suit instituted by the plaintiff-petitioner, an application for amendment under Order VI Rule 17 CPC was moved which was allowed by the trial Court, against which, the defendants have preferred a revision which has been allowed by the order impugned, and the matter was remitted back to the trial Court to decide the application afresh.
Learned counsel for the petitioner submits that the findings have been recorded by the revisional Court that by the proposed amendment, nature of the suit would change. According to him, the said findings would affect the decision on the application under
Order VI Rule 17 CPC. As no useful purpose would be served in keeping the matter pending or calling for counter affidavit, as the challenge is only to the remand order passed by the revisional Court, the case is remitted back to the trial Court to proceed with the application moved under Order VI Rule 17 CPC afresh, and decide the same strictly in accordance with law without being influenced by the findings recorded by the revisional Court. With the aforesaid observations, writ petition stands disposed of.
Order Date :- 21.5.2025 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad