Shiv Kumar Choudhary v. The State Of Bihar And ORS
Patna High Court CWJC No.12063 of 2010 (11) dt.05-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12063 of 2010 ====================================================== Shiv Kumar Choudhary S/O Sri Boiwajee Choudhary R/O Village And Mauza- Daulatpur @ Sihma Pergana- Badey Bhusari, P.S. Khodawandpur, Distt.- Begusarai .... .... Petitioner.
Versus
1. The State Of Bihar Through D.M., Vaishali At Hajipur.
2. Shri Boiwajee Choudhary S/O Late Shivnandan Choudhary R/O Vill. And Mouza- Daultapur @ Shima Pergana- Badey Bhusari, P.S. Khodawandpur, Distt.- Begusarai. -Defendant No.1)-Respondents.
3. Anjani Kumar Choudhary S/O Shri Boiwajee Choudhary R/O Village And Mauza- Daulatpur @ Sihma, Pargana- Badey Bhusari, P.S. Khodawandpur, Distt.- Begusarai --(Plaintiff)- Respondents. ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan Sinha For the Respondent/s : Mr. (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 05-02-2015 Heard the learned senior counsel appearing on behalf of the petitioner and the learned counsel for the plaintiffrespondent. Calling in question the order passed by the learned court below allowing the amendment sought by the plaintiff for deleting the properties from schedule of the plaint, this application under Article 227 of the Constitution of India has been filed. The factual exposes' are that the plaintiff and the defendant no.2 are sons of the defendant no.1. The properties in the suit have been described in the schedule of the plaint. By filing the amendment petition the plaintiff prayed for deleting some properties from the said schedule. The trial court by the impugned
Patna High Court CWJC No.12063 of 2010 (11) dt.05-02-2015 order has allowed the amendment as prayed by the plaintiff and permitted the deletion of the properties sought for by the plaintiff. After considering the submissions on behalf of the parties as well as the impugned order, this Court does not find any error, illegality and irregularity in the impugned order. The writ application is dismissed with liberty to the petitioner to pursue the remedy for the property in question, if available to him, in accordance with law.
(V. Nath, J) Nitesh/- U