Court No. - 38 Case :- WRIT - C No. - 60478 of 2009 Petitioner :- Mishri Lal & Ors. Respondent :- Panna Petitioner Counsel :- Sanjay Kr. Singh,Abhishek Kumar Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioners.
The amendment application has been rejected on the
ground that that the plea, which is sought to be raised has
already contained in paragraph 13 of the written statement.
I have perused paragraph 13 of the written statement and
the amendment application. The only plea, which is sought
to be made, is that the petitioner has also a clear
easementry right and, therefore, such an amendment
should be allowed. To my mind this is absolutely a legal plea
the fact with regard to which is already in paragraph 13 of
the written statement.
There is no necessity for this Court to interfere with the
impugned order at this stage as the said plea can be raised
after evidence is led in support of paragraph 13.
In view of this, no error has been committed by the courts
below. The writ petition is dismissed.
Order Date :- 19.1.2010
Akv