Renu Kumari v. Ranjan Kumar Raman And ORS

Patna High Court C.Misc. No.1420 of 2017 (2) dt.08-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1420 of 2017 ======================================================

1. Renu Kumari, natural daughter of Shree Arjun Prasad Sah and adopted daughter of Late Raj Kumari Devi wife of Brahmadeo Sah, resident of Village- Rajni Babangama, P.S. Mrliganj, District Madhepura, at Present residing at Bhirki Dakshin Bari, Madhepura Ward No. 25, P.S. and District Madhepura.

.... .... Petitioner/s

Versus

1. Ranjan Kumar Raman natural Son of Sri Baleshwar Bhagat and claiming as adopted son of Late Raj Kumari Devi.

2. Baleshwar Bhagat, Son of Late Jangi Lal Bhagat Both resident of Village- Khopaiti, Tola Morballa, P.S. and District- Madhepura, at Present Bhirki Dakshin Bari, Ward No. 25, P.S. and District- Madhepura.

3. Tara Devi Wife of Sri Gaya Bhagat, resident of Village- Golma, P.S.- Sour Bazar, District- Saharsa.

4. Urmila Devi, Wife of Late Rajendra Bhagat, resident of Village- Batraha, Saharsa Ward No. 1/25, P.S. and District- Saharsa.

5. Pawan Devi, wife of Sri Birbal Bhagat, resident of Village- Ganesh Asthan, P.S. and District- Madhepura.

6. Sita Devi, Wife of Sri Maheshwar Choudhary, resident of Village- Mohra Ghat Paras, P.S. Alauli, District Khagaria. At Present resident of VillageRajanpur, P.S. Maheshi, District Saharsa.

7. Gita Devi, Wife of Sri Bhola Bhagat, resident of Village- Lachhminiya, P.S. and District- Supaul.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Lala Sachindra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner.

The petitioner has filed this civil miscellaneous petition against the order dated 03.07.2017 passed by learned Civil Judge(Sr. Div.) IV, Madhepura in Title Suit No.405 of 2013 by which the amendment of the plaintiff has been allowed. Learned counsel for the petitioner submits that the

Patna High Court C.Misc. No.1420 of 2017 (2) dt.08-08-2018 amendment is brought at a very belated stage and the words sought to be put in the plaint would change the nature of the suit but on perusal of the order impugned as well as the amendment sought for, I find no substance in the submission of the learned counsel for the petitioner. The amendment is of very formal and clarificatory nature and the same would not in any way change the nature of the suit.

Accordingly, I do not find any jurisdictional error in the order impugned and thus, this civil miscellaneous petition is dismissed.

(Prabhat Kumar Jha, J) Saurabh/- U