Prema Devi And ORS v. Bharat Narayan Sah And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10849 of 2014 ===========================================================

1. Prema Devi wife of Late Indra Kumar Saha

2. Pawan Shekhar @ Pawan Shekhar Saha

3. Chandra Shekhar Kumar @ Chandra Sekhar Kumar Saha

4. Shashi Shekhar @ Shashi Shekhar Saha All ( 2 to 4 ) sons of Late Indra Kumar Saha All residents of Mohalla - Aliganj, near Durga Asthan, Bounsi Road, P.O. Mirjanhat, P.S. Mojahidpur, in the town and District of Bhagalpur .... .... Petitioner/s

Versus

1. Bharat Narayan Sah son of Late Surya Narayan Sah

2. Smt. Neelam Devi wife of Sri Bhagat Narayan Sah Both residents of Mohalla - Moinuddinchak @ Mundichak, P.S. Kotwali, in the town and district of Bhagalpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Respondent/s : Mr. Deepak Kumar Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 12-07-2016 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. By the impugned order the learned court below has refused the prayer of the defendants-petitioners in Eviction Suit No. 21 of 2003 for amendment in the written statement by bringing on record the order passed in another Eviction Suit No. 6 of 2005 under section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982.

3. After considering the submissions of the parties and perusing the impugned order, this Court does not find that any

Patna High Court CWJC No.10849 of 2014 dt.12-07-2016 illegality or perversity has been committed by the court below in passing the impugned order.

4. This writ application is, accordingly, dismissed. However, the petitioners shall be at liberty to raise appropriate objection, if any, as and when required, in accordance with law. (V. Nath, J) Amin/- U