Bishun Ram And ORS v. Shiv Shankar Prasad And ORS

Patna High Court CWJC No.12015 of 2015 (2) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12015 of 2015 ====================================================== Bishun Ram & Ors .... .... Petitioner/s

Versus

Shiv Shankar Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-05-2016 Heard learned counsel, Mr. Mrignedra Kumar, appearing for the petitioners.

2.

The Sub-Judge-IIIrd, Aurangabad by order dated 11.05.2015 allowed the application filed by the plaintiffs for amendment of plaint by adding some purchasers as defendants in the suit i.e T.S. No. 71 of 2002/275 of 2009. 3.

Admitted fact is that the said persons are purchasers of the suit property and this is an objection raised by the defendant-petitioner in the written statement. Now, therefore, the court has the jurisdiction to add the purchaser of the suit property under Order 1 Rule 10 C.P.C. and, accordingly, the court below has amended the plaint and added them as party. 4.

In such circumstances, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) U brajesh/-