SARDAR JASPAL SINGH Vs. MANOJ KUMAR AGARWAL
LAWS(ALL)-2014-3-6
HIGH COURT OF ALLAHABAD
Decided on March 05,2014

SARDAR JASPAL SINGH Appellant
VERSUS
MANOJ KUMAR AGARWAL Respondents




JUDGEMENT

ANIL KUMAR, J. - (1.)HEARD Sri Sharad Pathak, learned counsel fort he revisionist and Mohd. Arif Khan, learned Senior Advocate assisted by Mohd. Aslam Khan for the respondents.
(2.)AGGRIEVED by the order dated 13.12.2010 passed by Judge Small Causes Court/ District Judge, Sultanpur in SCC Suit No. 3 of 2009 ( Monoj Kumar Agarwal and others Vs. Sardar Jaspal Singh and another), present revision has been filed under section 25 of the Small Causes Courts Act.
During the pendency of present revision when the matter was partly heard , an application for amendment under Section 151 CPC and Order 6 Rule 17 CPC has been moved thereby praying that certain amendments as mentioned in the application may be allowed to be incorporated .

(3.)SRI Sharad Pathak , learned counsel for the revisionist while pressing the same submits that it is necessary to incorporate the same to resolve the controversy in the present case in this regard he placed reliance on the law as laid down by this Court in the case of Radhey Lal Vs. Special Judge, Bulandshahr and others reported in ALR 1993 (22) page 98 in which it has been held that the revision under Section 25 of the Provincial Small Cause Courts Act,1887 ( hereinafter referred as 'Act') the provisions as provided under Section 151 CPC are available and also on the judgment given by this court in the case of Kunwar Pal Sharma Vs. Special Judge, Mathura and another, ALR 2000(40) page 544 that delay in moving the amendment application in a matter arising out of Act , cannot be a ground for refusing the amendment.


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