Sk. Nur Mohammad @ Sk. Noor Mohammad v. Md. Akhter

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.121 of 2016 =========================================================== Sk. Nur Mohammad @ Sk. Noor Mohammad Son of Late SK. Sarfuddin Resident of village - Dumariya, P.S. Raniganj, District - Araria .... .... Petitioner

Versus

Md. Akhter Son of Md. Ikbal Resident of village - Dumariya, P.S. Raniganj, District - Araria .... .... Respondent =========================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Pandey No-5, Adv. For the Respondent/s : Mr. Anil Prasad Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 06-03-2017 Heard the learned counsel for the parties.

By the impugned order, the learned court below has refused the prayer for amendment in the plaint after finding that the prayer for amendment was factually incorrect. However, it is also transparent from the impugned order that the issues in the suit were not framed till the date of passing the impugned order. The learned counsel for the petitioner has categorically submitted that the issues in the suit have not been framed up-till-now.

After considering the submissions on behalf of the parties and perusal of the impugned order, this Court is not inclined to interfere in the impugned order under Article 227 of the Constitution

Patna High Court C.Misc. No.121 of 2016 dt.06-03-2017 of India.

The application is, accordingly, dismissed.

However, the dismissal of this application will not prejudice the right of the plaintiff to take appropriate steps, if so advised in accordance with law in the suit itself. (V. Nath, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.04.2017 Transmission Date