MAHESH KUMAR AND 4 OTHERS v. SMT. KUSUM LATA ( DECEASED) AND 18 OTHERS
CLRE/90/2025 · 2025-10-07
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 56693 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56693 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL REVISION No. - 90 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record. 2. This revision has been filed challenging the order dated 03.03.2025 allowing an application filed by the plaintiff/respondent for amendment in the plaint in Original Suit No. 526 of 2022. 3. Brief facts of the case are that the plaintiff/respondent filed Original Suit No. 526 of 2022 for the relief that a declaratory decree be passed against opposite party 1st set and 2nd set declaring the rent deed dated 06.09.2021 as null and void and for further relief that opposite party 1st set and 2nd set be directed to restore the cinema hall building and further restrained not to further damage and demolish the cinema hall along with other reliefs. The defendants/revisionists appeared in the suit and filed their written statement. In paragraph no. 49 of the written statement it was stated by the respondent 2nd set that they have executed a sale deed of the property in dispute in favour of M/s. MNG Real Estate Developers L.L.P. through its authorized partner Vipul Mittal. After coming to know about this fact, respondents filed an amendment application seeking amendment by adding the company M/s. MNG Real Estate Developers L.L.P. as well as consequential relief of cancellation of sale deed. The said application has been allowed by the court below. 4. Learned counsel for the revisionist very vehemently contended that by the proposed amendment new respondents have been added and also new relief has been added in the plaint which is not permissible. It has been Versus Counsel for Revisionist(s) : Uma Nath Pandey Counsel for Opposite Party(s) : Tarun Agrawal Mahesh Kumar And 4 Others .....Revisionist(s) Smt. Kusum Lata ( Deceased) And 18 Others .....Opposite Party(s)
further contended by learned counsel for the revisionist that in case the plaintiff was aggrieved by the execution of the sale deed, he would have file a separate suit against the firm and amendment in the plaint for such relief cannot be allowed. 5. In my view, in case, the plaintiffs are entitled to institute a fresh suit, there is no impediment in incorporating the said relief and facts by moving an amendment application in pending suit.
Further the authorized partner of the firm in whose favour the sale deed has been executed is defendant no. 2 who is also on record. 6. In view of the above, no illegality has been committed in allowing the amendment application by the court below. 7. Accordingly, the revision stands dismissed. October 8, 2025 Ved Prakash CLRE No. 90 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad