Patna High CourtCWJC/25551/2013allowed

Naval Kishor Prasad And ANR v. The State Of Bihar And ORS

2018-01-18Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25551 of 2013 ======================================================

1. Naval Kishor Prasad Son Of Late Deo Nanadan Prasad Resident Of Aadharpur, P.O.+P.S.- Teghra, District- Begusarai

2. Chandra Kishor Prasad Sinha Son Of Late Deo Nanadan Prasad Resident Of Aadharpur, P.O.+P.S.- Teghra, District- Begusarai .... .... Petitioners

Versus

1. The State Of Bihar through Collector, Begusarai

2. Anchal Adhikari Teghra, Begusarai .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Kaushal Kumar Singh, Advocate For the Respondents : Mr. Anil Kumar Singh, AC to SC-21. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-01-2018 This application has been filed to set aside the order dated 26.07.2013 passed by learned Munsif-II, Begusarai in Title Suit No.54 of 2007 whereby and whereunder the amendment petition filed by the petitioner to amend the plaint was rejected. Heard both sides.

2. It has been submitted that by proposed amendment the plaintiffs want to implead Anjani Kumar Verma as one of the defendants in the category of second party as the said person is creating obstruction in peaceful possession of the petitioners. The petitioners further want to amend the relief portion. The suit was filed for declaration of title and now he wants relief of confirmation of his possession over the suit land. The amendment appears simple in nature as it does not change the nature of the

Patna High Court CWJC No.25551 of 2013 (2) dt.18-01-2018 2/2 suit. The plaintiff has already deposited ad volerum court fee as per market value. The order refusing to amend the plaint is therefore set aside and this application is allowed. The defendantState of Bihar is at liberty to rebut the amended portion in the plaint by filing written statement.

3. This application stands allowed.

(Sanjay Kumar, J) B.Kr./- U