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Patna High CourtCWJC/11783/2013rejected

Ram Jatan Singh And ANR v. St. Sunita Sinha And ORS

2016-04-28Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11783 of 2013 ======================================================

1. Ram Jatan Singh Son Of Late Bhagwat Narain Singh Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

2. Braj Kishor Singh @ Arun Singh Son Of Ram Jatan Singh Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna .... .... Petitioner/s

Versus

1. Most. Sunita Sinha Widow Of Late Ratnesh Kumar Singh Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

2. Ankita Kumari Minor Daughter Of Late Ratnesh Kumar Singh, Under The Guardianship Of Her Mother And Well Wisher Most. Sunita Sinha Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

3. Saneha Kumari Minor Daughter Of Late Ratnesh Kumar Singh, Under The Guardianship Of Her Mother And Well Wisher Most. Sunita Sinha Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

4. Most. Geeta Sinha Widow Of Late Nityanand Singh Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

5. Navnit Kumar Singh @ Amit Kumar Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

6. Sujeet Kumar Singh @ Kallu Kumar Minor Son Of Late Nityanand Singh And Under The Guardianship Of His Mother And Well Wisher Most. Geeta Devi Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

7. Shiv Jatan Singh Son Of Late Raghunath Narain Singh Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

8. Raj Kishore Singh @ Raju Son Of Shiv Jatan Singh Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna

9. Most. Rita Devi Wife Of Late Chandra Shekhar Singh Resident Of Village Allauddinchak, P.O. And P.S. Punpun, District Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar -Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-04-2016 Heard learned counsel for the petitioners.

Gone through the order impugned.

Petitioner is aggrieved by an order dated 20.02.2013 passed by Sub-Judge, 2nd, Patna in Title Suit No. 426/2006 whereby and whereunder the learned lower court allowed the

Patna High Court CWJC No.11783 of 2013 (2) dt.28-04-2016 amendment of the plaint filed on behalf of respondents/plaintiffs. Although, copy of plaint has not been made an annexure of instant petition but the same has been placed by learned counsel for the petitioners at the time of argument and having parallel scrutiny of the amendment so sought for (Annexure-1) in consonance with the plaint, it is evident that the learned lower court had rightly allowed the prayer. By such amendment, neither the basic feature of the suit is found changed nor it has caused any kind of prejudice to the petitioners.

Petition is rejected.

(Aditya Kumar Trivedi, J) perwez U