Jageshwar Mukhiya v. Mushahru Kamat And ORS

Patna High Court C.Misc. No.88 of 2016 (2) dt.13-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.88 of 2016 ====================================================== Jageshwar Mukhiya .... .... Appellant/s

Versus

Mushahru Kamat & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Amrit Abhijat For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-05-2016 Heard the learned counsel, Mr. Amrit Abhijat for the petitioner.

The Munsif, Birpur in Title Suit No.9 of 2002 rejected the amendment application filed by the defendant-petitioner on 13.04.2016.

From perusal of the order, it appears that earlier the petitioner admitted that two plots in question (2029 and 2030) are the ancestral land of the plaintiff. Subsequently, amendment application was filed for deletion of the admission and for addition of new paragraph stating that the said plots belonged to Nanku Mukhiya and Mihi Mukhiya, son of Asha Mukhiya. The Court below found that if this amendment is allowed then there will be de novo trial.

It is settled principles of law that admission cannot be allowed to be withdrawn and, therefore, the Court below has

Patna High Court C.Misc. No.88 of 2016 (2) dt.13-05-2016 rightly rejected the amendment application. Therefore, I find no merit in this writ application.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T