Ram Sewak Sah v. Sita Ram Prasad And ORS

Patna High Court C.Misc. No.828 of 2016 (2) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.828 of 2016 ====================================================== Ram Sewak Sah .... .... Appellant/s

Versus

Sita Ram Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-09-2016 Heard the learned counsel, Mr. Yogendra Prasad Sinha, for the petitioner and the learned counsel for the respondent. Perused the impugned order dated 02.07.2016 passed by Sub Judge Ist, Muzaffarpur in Title Suit No.48 of 1969 whereby the learned Court below allowed the amendment application finding it to be a typographical error.

From perusal of the impugned order, it appears that the Court below found that there is error in the plot number and khata number mentioned in the plaint and mentioned in the sale deed on the basis of which the plaintiff is claiming the property to be his own property. In view of the above facts and circumstances of the case, in my opinion, it is not a case for interference in exercise of supervisory jurisdiction.

Thus, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U