Rampal Paswan v. Tarun Kumar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.306 of 2017 ====================================================== Rampal Paswan .... .... Appellant/s

Versus

Tarun Kumar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arbind Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-02-2017 1.

Heard the learned counsel, Mr. Arvind Kumar Singh, for the petitioner.

2.

Perused the impugned order dated 16.09.2016 passed by Ist Addl. District Judge, Purnea in Probate Case No.2 of 2006 / Title Suit No.2 of 2007 whereby the learned Court below has only allowed the amendment application filed by the plaintiff. 3.

The only grievance of the petitioner is that same prayer was rejected earlier. But second time, the Court below has allowed the same. Since the plaintiff is praying for amendment by correcting the date of death of the testator of the Will on the ground that by mistake, it was wrongly stated earlier, the Court below rejected the said prayer on the ground that documents was not filed, therefore, subsequently the amendment application was filed with death certificate.

Patna High Court C.Misc. No.306 of 2017 (2) dt.20-02-2017 2/2 4.

In view of the above facts and circumstances of the case when only amendment has been allowed by the Court below, there is no question of prejudice to the petitioner arises. So far merit is concerned, that will be considered finally at the time of hearing of the application.

5.

Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this Civil Misc. application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T