KAILASH NATH GUPTA Vs. DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) In a suit for specific performance by way of amendment statement as is required under S. 16(c) of the Specific Relief Act and specified in form No. 47 Appendix A to the Code of Civil Procedure was sought to be incorporated. The amendment having been allowed by an order dated 15/10/1979 by the Ist Additional Munsif, Ballia in suit No. 252 of 1977, Civil Revision No. 151 of 1979 and 152 of 1979 were preferred by two groups of defendants. By an order dated 5/05/1980 the learned District Judge, Ballia dismissed both the revisions affirming in the order of the learned Munsif. It is this order which is impugned in the present writ petition. In which an ad interim stay of further proceedings was granted.

(2.) The plaintiff opposite party filed an application for vacating the interim order dated 29/09/1980 passed in this case on 9/01/1981 but the same could not be taken up for hearing so long for some reason or the other. While deciding the said application which was vehemently pressed by the plaintiff opposite party and opposed by the defendant-petitioner it appears that both the counsels have argued the case on merit. The decision on this application for vacating the interim order would virtually decide the case itself on merit. Both the learned counsels, therefore agreed to the disposal of the revision application and, accordingly, had addressed the Court on the merit of the case.

(3.) By reason thereof the case was taken up for hearing on merits and the learned counsels were heard at length.