Patna High CourtC.Misc./70/2018dismissed

Dharmendra Kumar v. Smt. Poonam Kumari And ANR

2018-08-21Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court C.Misc. No.70 of 2018 (2) dt.21-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.70 of 2018 ======================================================

1. Dharmendra Kumar, S/o Late Awadh Prasad, R/o Vill.- MohallaGarhpar, Biharsharif, Nalanda (Bihar), 803101 at present Proprietor of M/S Utsav Cutpiece Centre,1st Floor, K- 209, Hanuman Nagar (Kankarbagh), P.O.- Lohiya Nagar, P.S.- Patrakar Nagar, Dist.- Patna- 800020. .... .... Petitioner/s

Versus

1. Smt. Poonam Kumari, Wife of Sri Arvind Kumar, Resident of K- 209, Hanuman Nagar (Kankarbagh), P.O.- Lohiya Nagar, P.S.- Patrakar Nagar, Dist.- Patna.

2. Arvind Kumar age 52 yrs, S/o Late Ram Lakhan Prasad Sinha, Resident of K-209, Hanuman Nagar (Kankarbagh), P.O.- Lohiya Nagar, P.S.- Patrakar Nagar, Dist.- Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dwivedy Surendra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner.

The petitioner-defendant has filed this civil miscellaneous petition against the order dated 16.08.2017 by which Sub Judge I, Patna has partly allowed the amendment petition filed by the defendant.

Learned counsel for the petitioner submits that petitioner filed amendment petition under Order VI Rule 17 C.P.C. for amendment in para 1 to 5 of the written statement but only part amendment in para 2, 3 and 4 of the written statement were allowed but no order with regard to amendment in para 1 and 5 of

Patna High Court C.Misc. No.70 of 2018 (2) dt.21-08-2018 the written statement is passed.

From perusal of the order, it appears that the amendment petition filed by the defendant-petitioner is allowed with regard to amendment in para 2, 3 and 4. If no order with regard to any portion of the amendment is passed, the petitioner may move before the Court of learned Sub Judge I, Patna to pass order with regard to amendment in para 1 and 5 of the written statement. With this observation, this civil miscellaneous petition is dismissed.

(Prabhat Kumar Jha, J) Saurabh/- U