Hon’ble Allahabad High Court while dealing with the petition here on 14-02-2019 in the case of “Ramlal v. Prakash Chand” stated that during pendency of the revision amendment sought is not legally permissible.

BRIEF FACTS OF THE CASE

The petitioner filed an application under order 9, Rule 13 CPC for setting aside ex-parte order dated 30.3.2016 in P.A. Case No. 4/2014 under Section 21(1) of U.P. Act No. 13 of 1972. It was registered as Misc. Case No. 51/2016. The same was rejected by order dated 7.7.2017.

Aggrieved thereby, the petitioner filed a revision. During pendency of the revision, the petitioner filed an application seeking amendment in the memo of revision thereby seeking to challenge ex-parte release order dated 30.3.2016. The Revisional Court has rejected the amendment application on the ground that it has been filed with considerable delay and that the amendment sought is not legally permissible.

DECISION OF THE COURT

Hon’ble Court held that during pendency of the revision amendment sought is not legally permissible. Court further stated that against an order passed in proceeding under Section 21(1) of the Act, appeal lies under Section 22, and therefore, the said order could not be challenged in a revision, which is allegedly pending against the order rejecting application under Order 9, Rule 13 CPC.

Thus, the impugned order is legal and the petition got dismissed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7009524