Ms. Umarawati Kunwar v. Jaga Singh And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12345 of 2014 =========================================================== Ms. Umarawati Kunwar W/o Late Garjan singh Resident of Village- Bhel Dumara, P.S Armubashil, Post- Badaka, Dumarao, District- Bhojpur at Para. .... .... Petitioner/s

Versus

1. Jaga Singh s/o Late Sukhdeo Singh Resident of Village Bahiro, P.S- Ara Nawada, District- Bhojpur at Ara.

2. Jhalkar Devi W/o Shree Narayan Singh Resident of Village- Shobhi Dumara, P.S- Badaka, Dumara, P.S Aramubashil, District- Bhojpur at Ara. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 23-08-2016 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner.

The plaintiff is the petitioner in this application and has prayed for quashing the impugned order by which the learned court below has rejected the prayer for amendment in the plaint as made by the plaintiff.

After considering the submissions and the averments made in the application, it is manifest that the suit has reached at the stage of argument. The learned court below has recorded that no explanation has been furnished by the plaintiff for preferring the amendment before the commencement of the trial. This Court has not

Patna High Court CWJC No.12345 of 2014 dt.23-08-2016 been persuaded to find that the impugned order is illegal or material irregularity has been committed by the learned court below in passing the impugned order. This Court is not inclined to invoke the jurisdiction under Article 227 of the Constitution of India for interdicting the impugned order.

The application is, accordingly, dismissed.

(V. Nath, J) Devendra/- U