Chandra Kanta Devi And ANR v. Smt. Shyama Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.288 of 2016 ====================================================== Chandra Kanta Devi & Anr .... .... Appellant/s

Versus

Smt. Shyama Devi .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anil Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-08-2016 Heard the learned counsel, Mr. Anil Kumar Singh, for the petitioner.

Perused the order dated 3.2.2016 passed by Sub Judge VI, Bhagalpur in Title Suit No.247 of 1982 whereby the learned Court below rejected the amendment application filed by the defendant petitioner of amendment in the written statement. From perusal of the impugned order, it appear that the Title Appeal was filed before the lower appellate Court and the lower appellate Court specifically framed an issue and referred this issue for decision to the trial Court. The issue is whether the plaintiff's suit is barred by Benami Transaction Prohibition Act, 1988 or not. During the pendency of this decision on the issue, amendment application was filed by the plaintiff alleging that earlier one suit was filed by the plaintiff of the present suit which has already been dismissed. The learned Court below held that since the Court

Patna High Court C.Misc. No.288 of 2016 (2) dt.16-08-2016 2/2 is trying and recording a finding on the issue, it has been referred to by the appellate Court the application filed by the petitioner cannot be entertained as no other issues can be decided by the trial Court.

In view of the above facts and circumstances of the case, I find no jurisdictional error in the impugned order nor it can be said that the impugned order occasioned failure of justice. Thus, this Civil Misc. application is hereby dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T