Patna High CourtCWJC/16380/2014dismissed

Vijay Kumar Jaiswal v. Ramdeo Roy And ANR

2018-06-19Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16380 of 2014 =========================================================== Vijay Kumar Jaiswal son of Late Saraswati Devi, wife of Late Uday Chand Jaiswal Resident of Forbesganj Town, Sadar Road, P.S. Forbesganj, District - Araria. .... .... Petitioner

Versus

1. Ramdeo Roy son of Late Bal Krishna Roy

2. Smt. Nirmala Devi wife of Ramdeo Roy Both resident of Forbesganj Town, Ward no. 10/15 within Forbesganj Municipality, P.S. Forbesganj, District - Araria. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Respondent/s : Mr. Sanjeet Kumar, Advocate Mr. Digvijay Narayan Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 19-06-2018 Heard learned counsels for the petitioner and the respondents.

2. Petitioner before this court is defendant of Title Suit No.182 of 2010. The petitioner has filed this writ application for quashing the order dated 15.07.2014 passed by Subordinate Judge I, Araria in Title Suit No.182 of 2010 whereby and whereunder the amendment petition filed by plaintiffs-respondents was allowed subject to payment of cost of Rs.1,000/-.

3. It appears that the plaintiffs filed an amendment petition for deleting the words "in the kritrim form of adoption" by substituting the words "according to Hindu Law". The said amendment appears simple in nature. The court below has rightly

Patna High Court CWJC No.16380 of 2014 dt.19-06-2018 allowed the said amendment subject to payment of cost. The petitioner, however, is given liberty to rebut the said amendment by filing additional written statement with respect to amended plaint.

4. In view of above facts and circumstances, I do not find any merit in the present application and is accordingly dismissed. (Sanjay Kumar, J) Harish/- AFR/NAFR CAV DATE Uploading Date22.06.2018 Transmission Date