Anita Kumari v. Shri Ram Sah And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1720 of 2018 ====================================================== Anita Kumari wife of Sri Amar Kumar @ Amar Paswan, Resident of Mohalla- Dushadh Toli, Behind New Thana, Dumraon, P.O. and P.S.- Dumraon, District- Buxar- 802119.

... ... Petitioner

Versus

1.

Shri Ram Sah, son of Late Ram Lakhan Sah.

2.

Rakesh Kumar, son of Sri Ram Sah.

Both Resident of Station Road, Dumraon, P.O. and P.S.- Dumraon, District- Buxar- 802119.

3.

Amar Paswan @ Amar Kumar, son of Late Dhurhu Paswan, Resident of Mohalla- Dushadh Toli, Behind New Thana, Dumraon, P.O. and P.S.- Dumraon, District- Buxar- 802119.

4.

Kela Dom, son of Late Bhola Dom, Resident of Dumraon, P.S. Dumraon, Ward No. 10, District- Buxar 802119.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Bihari Sinha, Advocate For the Respondent/s :

Mr. Rang Nath Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-10-2023 The petitioner is challenging the order dated 30.08.2018 passed by learned Sub Judge, II, Dumraon, DistrictBuxar, in Title Suit No.380 of 2011, by which the amendment petition filed by the respondent no.1 and 2 has been allowed. 2.

Considered the submissions of the parties and perused the materials on record including the impugned order. In my opinion, the Court below has rightly allowed the amendment petition as it will not change the nature of the suit. 3.

In view of the aforesaid facts and also considering the decision of the Hon'ble Supreme Court in the

Patna High Court C.Misc. No.1720 of 2018(6) dt.13-10-2023 2/2 case of Life Insurance Corporation of India vs. Sanjeev Builders Private Limited reported in AIR 2022 SC 4256 I do not find any illegality in the impugned order. Accordingly, this application is dismissed.

(Sandeep Kumar, J) pawan/- U T