Lalan Singh v. Kapildeo Bhagat

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1348 of 2016 ====================================================== Lalan Singh .... .... Appellant/s

Versus

Kapildeo Bhagat .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-02-2017 1.

Perused the impugned order dated 23.08.2016 passed by learned Sub Judge XI, Motihari, East Champaran in Title Suit No.161 of 2012 whereby the learned Sub Judge has allowed the amendment application filed by the plaintiff-respondent. 2.

The grievance of the defendant-petitioner is that the plaintiff filed the amendment application on concocted and false story, therefore, the Court below could not have allowed the amendment application.

3.

It is settled principle of law that while considering the amendment application, the Court cannot decide the falsity or otherwise of the story put forth by the plaintiff in the amendment application. The same has to be decided finally at the stage of hearing. The Court have wide jurisdiction to allow the party to amend the pleading.

Patna High Court C.Misc. No.1348 of 2016 (5) dt.06-02-2017 2/2 4.

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