Nilam Devi And ANR v. Ram Shankar Prasad Choudhary And ORS

Patna High Court C.Misc. No.729 of 2016 (2) dt.28-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.729 of 2016 ====================================================== Nilam Devi & Anr .... .... Appellant/s

Versus

Ram Shankar Prasad Choudhary & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shailendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-09-2016 Heard the learned counsel, Mr. Bhupendra Narain Singh for the petitioners.

Perused the impugned order dated 08.01.2016 passed by Sub Judge I, Rosera in Title Suit No.5 of 2010 whereby the learned Court below allowed the amendment application in the written statement filed by defendant No.1, Sunaina Devi. Admittedly, as has been admitted by the learned counsel for the petitioners, still issues have not been framed. The objection is that behind the back of the petitioner the order has been passed. However, from perusal of the order dated 08.01.2016, it appears that the Advocate was present on behalf of the petitioner and he was heard at length by the Court below on the objection dated 20.03.2015. Moreover, the petitioners are the defendant Nos.1(b), (c) etc. in the Court below. By the impugned order, the amendment of the written statement has been allowed.

Patna High Court C.Misc. No.729 of 2016 (2) dt.28-09-2016 In such view of the matter, when the written statement of one defendant has been allowed, the other defendants have got no role to contest the amendment of the written statement particularly when the plaintiff is not challenging the impugned order. Thus, in my opinion, this is not a case for interference in supervisory jurisdiction. Accordingly, it is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T