Ashok Kumar Chourasia v. Santosh Kumar Mandal @ Satya Narain Mandal And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.556 of 2016 ====================================================== Ashok Kumar Chourasia .... .... Appellant/s

Versus

Santosh Kumar Mandal @ Satya Narain Mandal & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ranjan Kumar Dubey For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-08-2016 Heard learned counsel Mr. Ranjan Kumar Dubey for the petitioner.

Perused the order dated 07.05.2016 passed by Subordinate Judge-IV, Munger in Title Suit No.40 of 1988. It appears that the amendment application was filed by the plaintiff-petitioner seeking for amendment in the plaint introducing a case of registered gift deed of the year 1987. The court below considering the facts of the case held that if at this stage amendment is allowed then it will lead to re-opening of the trial and there shall be de-novo trial. The court below also held that so far that registered gift deed is concerned, there is no question of pleading in the plaint, therefore, earlier the application for marking gift deed as exhibit had already been rejected and now by amendment the petitioner is filling of the said lacuna. In view of the above consideration and reason assigned

Patna High Court C.Misc. No.556 of 2016 (2) dt.10-08-2016 by the court below it cannot be said that the order passed by the court is without jurisdiction or it has been passed in the manner not permitted by law.

In my opinion, if the amendment is allowed at the stage of argument then it will cause prejudice to the respondents. Therefore, I find no reason to interfere with the impugned order in supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U