VINOD VASHISHT Vs. SURESHCHANCHAL

JUDGEMENT

(1.) IN this petition under Article 227 of the Constitution of India, the petitioner seeks setting aside of two orders. The first one being the order of the ACJ -cum -ARC (South -West) dated 30.1.2012, which allowed the respondent/defendant's application under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'Code') to amend the affidavit supporting his Written Statement (WS). The second one is an order dated 31.07.2012 in a review application preferred by the petitioner/plaintiff, whereby the order dated 20.01.2012 was affirmed resulting in the dismissal of the petitioner's review application.

(2.) THE petitioner/plaintiff had filed a suit for recovery of certain amounts from respondent No.1, who was alleged to be the proprietor of respondent No.2, Adarsh Lucky Scheme and was resident of WZ -864 -A, Village Naraina, New Delhi -110028. In the WS, the respondent No.1 - Mr. Suresh Chanchal, had denied his proprietorship of the said M/s. Adarsh Lucky Scheme. Particularly, in reply to para 2 of the plaint, he had averred:

(3.) THE petitioner's review application was dismissed on the same ground as above. The Trial Court further noted that there was merit in the application of defendant No.1 because the affidavit needed to be rectified in terms of the WS.