Patna High CourtC. REV./320/2014dismissed

Md. Nasimuddin And ORS v. Md. Sikandar And ORS

2015-07-31Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.320 of 2014 In Civil Writ Jurisdiction Case No. 1181 of 2011 ====================================================== Md. Nasimuddin & Ors .... .... Petitioner/s

Versus

Md. Sikandar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 31-07-2015 Heard learned counsel Mr. Suresh Mishra for the petitioners.

2. This review application has been filed for review of order dated 28.03.2014 passed by this Court in C.W.J.C. No.1181 of 2011 whereby order dated 08.12.2009 passed by the learned court below i.e. Subordinate Judge-VI, Munger in Title Suit (F.D.) No.20 of 1987 has been set aside and the amendment application filed by the plaintiff was allowed.

3. The learned counsel for the petitioners submitted that the only grievance of the petitioners is that the petitioners anticipate that in future also the plaintiff may file amendment application because one of the plaintiffs is an advocate and has the tendency of delaying the matter. According to the learned counsel, therefore, the order passed by this Court may be modified to the

Patna High Court C. REV. No.320 of 2014 (4) dt.31-07-2015 extent that no further amendment application should be allowed to be filed by the plaintiff. Except this ground raised by the petitioners, no other ground has been raised nor pressed before this Court.

4. So far the above submission of learned counsel for the petitioners is concerned, in my opinion, it is not a ground for review under Order 47 Rule 1 of the Code of Civil Procedure. Therefore, this review application has got no merit and accordingly, it is dismissed.

(Mungeshwar Sahoo, J) Harish/- U