HIGH COURT OF UTTARANCHAL AT NAINITAL (Court’s order whether the case is or not approved for reporting.) (Chapter VIII Rule 32 (2)(b) Description of the case. W.P. No. 7039 of 2001 m/s Rituraj farms Private ltd K.A.94 Kavi Nagar Ghaziabad. VS Sh. S.K.Jain S/o Sh.B.K.Jain R/o 400 Sunder Vihar Ballupur Road D.Dun. Approved for reporting ________________ Not approved for reporting Date of decision 25.8.2004 Initial of Judge HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 7039 (MS) of 2001 M/s Rituraj farms private Ltd. K.A. 94-KAVI Nagar Ghaziabad. …… Petitioner Vs Sh.S.K. Jain S/o Sh. B.K. Jain R/o 400 Sunder Vihar Ballupur Road, D.Dun. ….. Respondents Counsel for the petitioner Sh.Arvind Vashisht Counsel for the respondent Sh. M.C. Pande. Dated: -25-8-2004 Hon’ble Rajesh Tandon J. Heard Sh. Arvind Vashisth learned counsel for the petitioner and Sh. M.C. Pande learned counsel for the respondents. By the present writ petition the petitioner has prayed for issue of a writ, order or direction in the nature of certiorari quashing the impugned order dt. 7-9-2001 passed by the Additional District Judge. Briefly stated the petitioner has filed a civil suit in the court of Civil Judge (Sr. Division) Dehradun against the respondents, which was registered as Original Suit No. 190 of 1999. In the said suit the Nagar Palika Parishad was impleaded as defendant No.2. During the pendency of the case an application was filed under Order 7 Rule 11 of the Code of Civil Procedure on 1-12-2000, the same was dismissed and a revision was filed which was allowed on 1-5-2001 with the following observations:- ^^rnkuqlkj fuxjkuh Lohdkj djkrs gq;s fookfnr vkns’k fn0 1- 12-2000 fujLr fd;k tkrk gSA oknh dks vknsf’kr fd;k tkrk gS fd og mijksDr voyksdu ds laca/k esa vko’;d la’kks/ku bl vkns’k ds ikfjr gksus ds15 fnu ds vUnj v/khuLFk U;k;ky; esa izLrqr djsa vkSj v?khuLFk U;k;ky; mldk fuLrkj.k ’kh?kzfr’kh?zk fu;ekuqlkj djsa ;fn oknh 15 fnu esa ,slk la’kks/ku izLrqr ugh djrk gS rks oknh dks okn izfroknh la0 2 ds fo:/k iks"k.kh; ugh gksxk vkSj vcsV gks tk;sxkA rnkuqlkj i=koyh v?khuLFk dks vfoyEc okil izsfZ"kr dj nh tk;saA^^ The plaintiff thereafter has moved the amendment application which was allowed on 10th May 2001 as will appear from the order of the revisional court. Again a suit No. 190 of 1999 was filed by the defendant which was rejected by the Trial Court on 11-7-2001 and present revision has been filed against the said order which was allowed. Counsel for the petitioner has stated the Nagar Palika has been duly impleaded and the amendment to that effect has been allowed on 10-5-2001. I see no reason to interfere with the technalities. It is settled law that the amendment relates back to the filling of the suit itself. However it will be open for the petitioner to make a prayer for framing the additional issue in this regard. Subject to above, the writ petition is allowed. No order as to costs. Dated:- 25-8-2004 (RAJESH TANDON J.) M.K.