Sri Krishna Singh And ANR v. Ashutosh Kumar Rai And ORS

Patna High Court C.Misc. No.629 of 2016 (2) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.629 of 2016 ====================================================== Sri Krishna Singh & Anr .... .... Appellant/s

Versus

Ashutosh Kumar Rai & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashwini Kumar Rai For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-09-2016 Heard the learned counsel for the petitioner. Perused the impugned order dated 19.03.2016 passed by Sub Judge VIII, Buxar in Title Suit No.584 of 2012 whereby the Court below has allowed the amendment application filed by the plaintiff respondent and added some persons as party.

The petitioner who is original defendant is challenging the order whereby the parties have been added. Now, therefore, the defendant cannot be allowed to challenge the order as the plaintiff has filed the application for amendment for adding the party. In my opinion, therefore, the defendant has got no role to play in the matter of addition of parties. As such the learned Court below has rightly allowed the same.

Thus, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U