TMI Blog1985 (3) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. JUDGMENT Rajendra Nath Mittal, J. This application has been filed by the petitioner praying that the amended affidavit dated February 13, 1985, be taken on record, and as a part of the main petition in place of the affidavit dated October 18, 1983, filed earlier. The notice of the application was given to the counsel for the respondent who has filed a reply to the application a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accompanied by a proper affidavit. I have duly considered the argument and find substance in the contention of Mr. Rawal. It cannot be disputed that if the petition is dismissed on this technical ground, the petitioner is not debarred from presenting a fresh petition. If it files a fresh petition, that shall be deemed to be presented on the date when that is filed in the court. Taking into consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e observations in that case are of no assistance to the learned counsel for the respondent. Therefore, I accept the application and allow the petitioner to place on record the amended affidavit and order that it should be read in place of the earlier affidavit dated October 18, 1983. It may, however, be stated that the main petition shall be deemed to have been filed today. - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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