Rup Narain Bhagat v. Jag Narain Sah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20416 of 2014 =========================================================== Rup Narain Bhagat, Son of Late Raghunath Bhagat, resident of village + POBocho Balua Bhuadhari, PS- Kundwa, Chainpur, Dist- East Champaran, Bihar. .... .... Petitioner
Versus
Jagnarain Sah, son of Late Khobhari Sah, resident of Chisrahia, Bocho, PS- Dhaka, Dist- East Champaran, Bihar.
.... .... Respondent =========================================================== Appearance :
For the Petitioner : Mr. Shantanu Kumar, Advocate For the Respondent : Mr. Uma Kant Shukla, Advocate Mr. Shashi Suman Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 01-11-2018 Petitioner before this court is plaintiff in Title Suit No.1055 of 2012 pending in the court of Subordinate Judge IX, East Champaran at Motihari. He has filed this writ application for quashing the order dated 20.08.2014 whereby and whereunder his prayer to amend the plaint was refused.
2. Heard learned counsels for the petitioner and the respondent.
3. The petitioner has filed the aforesaid suit for declaration of his title and confirmation of possession over the land mentioned in Schedule I of the plaint. The claim of plaintiff-petitioner is based on registered sale deed. The defendant-respondent also claims title on the
Patna High Court CWJC No.20416 of 2014 dt.01-11-2018 2/3 basis of sale deed which relates to adjoining plot. The defendant filed written statement whereafter the plaintiff filed the present amendment application. The plaintiff wants to insert one more paragraph by mentioning that during pendency of the suit the defendant has dispossessed him from the suit property and also seeking relief for recovery of possession.
4. The learned counsel for the respondent, on the other hand, submits that trial of the suit has already commenced. After hearing both sides, issues were settled on 14.12.2013 and till 02.07.2014 four witnesses have been examined by the plaintiff (petitioner). The petitioner filed amendment petition at belated stage and so the same is legally not maintainable and the court below has rightly rejected the same.
5. On perusal of plaint, which is annexed with this writ application, I find that the petitioner has already sought relief to this effect that if the plaintiff is found out of possession from the suit property, he be put in possession over the same through the process of the court. This amendment appears formal in nature in view of the fact that the defendant is aware of the case of the plaintiff. Both parties are claiming title and possession over the suit property. The respondent claims possession over the suit property since before.
Patna High Court CWJC No.20416 of 2014 dt.01-11-2018 3/3
6. In view above facts the impugned order refusing the amendment is set aside and this writ application is allowed. (Sanjay Kumar, J) Harish/- AFR/NAFR CAV DATE Uploading Date02.11.2018 Transmission Date