Mathura Mahto And ORS v. Ramjeet Mahto And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12831 of 2015 ====================================================== Mathura Mahto & Ors .... .... Petitioner/s

Versus

Ramjeet Mahto & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhubneshwar Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-01-2016 Heard learned counsel for the petitioners.

By the impugned order dated 30.06.2015 the learned Subordinate Judge-II, West Champaran at Bettiah has allowed the amendment in the written statement in Title Suit No.07 of 2000 finding that the amendment sought for by the defendants is formal in nature.

The learned counsel for the petitioners submitted that the argument has already been concluded and at this stage the amendment application has been allowed.

Perused the impugned order passed by the court below. The application for amendment filed by the defendants has also been annexed as annexure in this application. From perusal of the same, it appears that the defendants have only prayed for correction of the typing mistakes in the written statement and the court below finding it to be formal in nature has only allowed the

Patna High Court CWJC No.12831 of 2015 (2) dt.04-01-2016 amendment. In such circumstances, there is no question of any prejudice to the petitioners arises nor it has occasioned any failure of justice.

In the result, this writ application is dismissed. (Mungeshwar Sahoo, J) Harish/- U