Raj Ballav Kumhar v. Rama Shankar Yadav And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6335 of 2016 ====================================================== Raj Ballav Kumhar .... .... Petitioner/s

Versus

Rama Shankar Yadav & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-07-2016 Heard learned counsel Mr. Anish Chandra Sinha for the petitioner.

Perused the order dated 08.12.2015 passed by Munsif, Jagdishpur (Bhojpur) in Title Suit No.70 of 2005 whereby the court below has allowed the amendment application considering the fact that the amendment sought for by the plaintiffs is the subsequent event i.e. after appointment of Pleader Commissioner. From perusal of the order, it appears that the Pleader Commissioner was appointed in the case. According to the plaintiffs, subsequent to the appointment of Pleader Commissioner defendant-petitioner has dispossessed/encroached the land of the plaintiffs and, therefore, the amendment was sought for. If further appears that, as has been submitted by learned counsel for the petitioner, only four witnesses have been examined on behalf of the plaintiffs. Therefore, the court below has granted liberty to the

Patna High Court CWJC No.6335 of 2016 (2) dt.27-07-2016 defendant to file additional written statement to the amended portion of the plaint.

In such circumstances, there is no question of prejudice to the petitioner arises. Thus, I find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Harish/- U