Patna High CourtCWJC/14015/2013allowed

Bihari Rai v. Badri Rai And ORS

2016-10-03Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14015 of 2013 ====================================================== BIHARI RAI SON OF LATE HULAS RAI RESIDENT OF VILLAGE - AULI, P.O. AND P.S. REVELGANJ, DISTRICT - SARAN. .... .... PETITIONER/S

VERSUS

1. BADRI RAI SON OF LATE RAM PRASAD RAI RESIDENT OF VILLAGE - AULI, P.O. + P.S. REVELGANJ, DISTRICT - SARAN

2. CHANDRADEO RAI SON OF LATE SAGUN RAI.

3. KAILASH RAI.

4. KAMAL RAI.

SONS OF LATE RAM PRIT RAI.

5. JAGARNATH RAI.

6. DUKHIT RAI.

SONS OF LATE HULASH RAI.

ALL RESIDENTS OF VILLAGE - AULI, P.O. + P.S. REVELGANJ, DISTRICT - SARAN.

.... .... RESPONDENT/S ====================================================== Appearance:

For the Petitioner/s : Mr. Nagendra Rai, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner. In spite of having been noticed respondents is non-represented.

Petitioner/plaintiff prayer for amendment was made vide petition dated 07.01.2013 which has been rejected by the order impugned dated 05.04.2013 passed by Munsif-IVth, Saran at Chapra in Title Suit No.12/2003, consequent thereupon, instant petition has been filed. The learned lower court should have considered that appointment of pleader commissioner was at the end of petitioner/plaintiff to identify the extent of dispossession having from the land which was earlier perceived by allowing the amendment wherein approximately. The area from which petitioner/plaintiff was disposed had disclosed to the extent of five dhur which, after pleader commissioner's report has been prayed for to be corrected in consonance therewith which, the learned lower court should have allowed instead of rejecting the same.

Patna High Court CWJC No.14015 of 2013 (3) dt.03-10-2016 That being so, instant petition is allowed by setting aside the order impugned at a cost of Rs.2500/- which should be deposited by the petitioner before the learned lower court within four weeks positively. (Aditya Kumar Trivedi, J.) Prakash Narayan U