Navin Singh And ORS v. Ranjeet Kumar Singh And ORS

Patna High Court CWJC No.2430 of 2016 (3) dt.25-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2430 of 2016 ====================================================== Navin Singh & Ors .... .... Petitioner/s

Versus

Ranjeet Kumar Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-07-2016 Heard the learned counsel, Mr. Pramod Kumar Singh for the petitioners.

Perused the order dated 28.11.2015 passed by Sub Judge I, Munger in Title(Partition) Suit No.167 of 2012 whereby the learned Court below has allowed the amendment application filed by the plaintiffs-respondents under Order VI Rule 17 C.P.C. Admittedly, the suit is at the very initial stage. The amendment sought for by the plaintiff is to delete some suit property on the ground that those properties are acquired by father and mother of the plaintiff and also the plaintiff prayed for making some correction in the area of the suit plots. The Court below by the impugned order has allowed the same.

So far merit of the application under Order VI Rule 17 C.P.C. is concerned, that cannot be considered at the stage when the application for amendment is considered by the Court below.

Patna High Court CWJC No.2430 of 2016 (3) dt.25-07-2016 So far the submission of the learned counsel for the petitioners that the plaintiffs cannot be allowed to delete some properties from the suit is concerned, the plaintiff cannot be compelled to proceed with the suit particularly when he has got the right to withdraw the suit with respect to some of the properties.

Since the suit is at very initial stage, there is no question of prejudice to the petitioners arises. The petitioners have the right to file additional written statement, therefore also, there is no question of failure of justice arises.

Accordingly, I do not find any merit in this writ application. Thus, it is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T