Ganga Mahto @ Gangoo v. Ano Devi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1468 of 2016 ====================================================== Ganga Mahto @ Gangoo .... .... Appellant/s
Versus
Ano Devi .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sanjay Kumar Mishra For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner.
Perused the impugned order dated 27.10.2016 passed by learned Principal Judge, Family Court, Lakhisarai in Maintenance Case No.27 of 2015 whereby the learned Court below allowed the amendment application in the plaint.
The only grievance of the petitioner is that the proceeding was initiated under Section 25 of the Hindu Marriage Act originally. By filing application under Order 6 Rule 17 CPC, the provision is sought to be deleted and in place of Section 25 of the Hindu Marriage Act, the plaintiff added Section 18 of the Hindu Adoption and Maintenance Act.
It may be mentioned here that proceeding is at the very initial stage and the defendant petitioner has only appeared and filed reply to the application. Therefore, there is no question of prejudice to the petitioner arises.
Patna High Court C.Misc. No.1468 of 2016 (2) dt.21-12-2016 2/2 Thus, I find no jurisdictional error in the impugned order as such this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T