Bindeshwari Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1164 of 2014 =========================================================== Bindeshwari Prasad Singh, Son of Late Muneshwar Singh, Resident of Village - Mednipur, P.O. - Mednipur, P.S. - Nasriganj, District - Rohtas .... .... Petitioner

Versus

1. The State of Bihar through Collector, Rohtas

2. Circle Officer, Nasriganj (Rohtas) .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rabindra Kumar, Advocate For the Respondents : Mr. Y. P. SINHA, A.A.G.-XV =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 22-08-2016 Heard learned counsel for the petitioner and learned counsel for the State-respondents.

The present application has been filed by the petitioner assailing the order by which the learned court below has refused the prayer of the plaintiff-petitioner for amendment in the plaint.

After considering the submissions and perusal of the impugned order, it is evident that the amendment has been sought for after the issue of maintainability of the suit was raised by the defendant in the suit. It is also evident from the said order that the amendment has been sought for after the commencement of trial. This Court has not been persuaded during the course of submission to find any illegality or irregularity in the impugned order warranting the exercise of jurisdiction under Article 227 of the

Patna High Court CWJC No.1164 of 2014 dt.22-08-2016 2/2 Constitution of India for interdicting the impugned order. The application is, accordingly, dismissed.

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