Decided on September 03,2012

Charu Singh Appellant
RANVIR SINGH Respondents


- (1.) HEARD Sri Alok Mehra, Advocate for the petitioner and Sri S.S. Yadav, Advocate, appearing on behalf of the respondents.
(2.) BY means of this petition the petitioner has sought a writ in the nature of certiorari to set aside the judgment and order dated 8 -6 -2012, passed by Additional Chief Revenue Commissioner, Uttarakhand, Circuit Court Nainital in Revision No. 12/2010 -11 and the order dated 27.08.2010, passed by Assistant Collector 1st Class, Haldwani and issue a direction to Assistant Collector 1st Class Haldwani to allow the amendment application dated 14.06.2010 filed by the petitioners in Suit No. 22/44 of 1991 -92.
(3.) BRIEFLY stated the facts of the case are that the plaintiffs/respondent Nos. 1 and 2 filed a suit before the Assistant Collector, 1st Class Haldwani for declaration and partition of the land in suit. The defendants filed written statement in the suit. Thereafter on 14 -6 -2010 the defendant Nos. 1 and 2 filed an amendment application, which was rejected by the Assistant Collector vide impugned order dated 27 -8 -2010. The defendant Nos. 1 and 2 filed revision before Additional Chief Revenue Commissioner, which was also dismissed by the revisional Court vide impugned judgment and order dated 8 -6 -20 12. The defendant/petitioner preferred this writ petition challenging the above orders, whereby the amendment application has been rejected.;

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