Jawed Akhter v. Baba Jugeshwar Prasad And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13289 of 2013 ===========================================================
1. Jawed Akhter Son Of Late Abdul Zabar Resident Of Mohalla Bari Road, P.S. Civil Line, Gaya .... .... Petitioner/s
Versus
1. Baba Jugeshwar Prasad Son Of Babu Lalji Pd. Resident Of Mohalla- Katari Hill Road Gaya At Present Residing At 34 Co-Operative Colony Bokaro Steel City District Bokaro
2. Kamal Kumar Prasad Son Of Babu Jugeshwar Pd. Resident Of Mohalla- Katari Hill Road Gaya At Present Residing At 34 Co-Operative Colony Bokaro Steel City District Bokaro
3. Arvind Kumar Son Of Babu Jugeshwar Pd. Resident Of Mohalla- Katari Hill Road Gaya At Present Residing At 34 Co-Operative Colony Bokaro Steel City District Bokaro .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 21-11-2016 No one appears on behalf of the petitioner even after repeated calls.
This application has been filed by the defendant assailing the impugned order by which the learned court below has allowed the prayer for amendment in the plaint as prayed by the plaintiff-respondents.
Patna High Court CWJC No.13289 of 2013 dt.21-11-2016 The learned court below has found that the proposed amendment would not change the nature of the suit and is only formal. From the perusal of the amendment petition (Annexure-1) it transpires that that by the proposed amendment, the plaintiff has sought to insert the elaborate address and by second amendment the plaintiff has sought to describe the property by giving measurement and boundary. This Court, therefore, does not find that the learned court below has committed any illegality or material irregularity in coming to the conclusion that the amendments which have been prayed would not change the scope of the suit. The application is, accordingly, dismissed.
(V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 22.11.16 Transmission Date N.A