Patna High CourtCWJC/13097/2015dismissed

Nesar Ahmad v. The State Of Bihar And ORS

2016-05-12Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13097 of 2015 ======================================================

1. Nesar Ahmad Son of Raddu Mian resident of village - Sarai Dhanes, Police Station - Desari, District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Vaishali

2. The Block Development Officer, Sahdai Bujurg, District Vaishali

3. Basant Kumar Singh Son of Sakaldeep Singh

4. Ram Ekbal Singh Son of Late Ram Charitra Singh

5. Jawahar Lal Singh Son of Late Ganeshi Singh

6. Ramjet Singh Son of Dukhit Singh

7. Butan Singh Son of Late Ram Lal Singh

8. Gulab Chand Singh Son of Dhannu Singh Serial Nos. 3 to 8 residents of village - Majrohi, Police Station Desari, District - Vaishali

9. Manoj Kumar Sharma Son of Nagina Choudhary resident of village - Sarai, Dhanesh, Police Station - Desari, District - Vaishali .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shamimul Hoda For the Respondent/s : Mr. Raju Giri- Gp30 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-05-2016 Heard Mr. Md. S.Hoda, learned counsel for the petitioner and Mr. A.C. to G.P. 30.

By the impugned order dated 22.2.2014 the learned Sub Judge -IV, Hajipur (Vaishali) inT.S.No. 16 of 2000 allowed the amendment application filed by the plaintiff- respondent recording a finding that till date only issues have been framed. The evidence has not yet started. Therefore, when the court below has allowed only the amendment application, which is pre trial amendment, there is no question of prejudice causes to the

Patna High Court CWJC No.13097 of 2015 (2) dt.12-05-2016 2/2 petitioner. The petitioner has opportunity to file additional written statement against the amended portion of the plaint only. Therefore, I do not find any reason to interfere with the impugned order. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) singh/- U