S K. Hasibur Rahman v. Abdul Quddus

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.535 of 2016 ====================================================== SK. Hasibur Rahman .... .... Appellant/s

Versus

Abdul Quddus .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Najeeb Ahmad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-09-2016 Heard learned counsel Md. Najeeb Ahmad for the petitioner and learned counsel Md. Anisur Rahman for the respondent.

Perused the impugned order dated 03.06.2016 passed by Subordinate Judge-Baisi, Purnea in Title Suit No.03 of 2015 (B) whereby the learned court below has rejected the amendment application filed by the plaintiff-petitioner. It appears that the amendment application has been filed by the plaintiff on the date on which issues have been framed. Therefore, in fact the amendment sought for is pre-trial amendment. Evidence has not yet started. Therefore, the learned court below has wrongly rejected the amendment application and thereby the court below has refused to exercise a jurisdiction vested in it by law.

Thus, this civil miscellaneous application is allowed.

Patna High Court C.Misc. No.535 of 2016 (3) dt.19-09-2016 The impugned order is set aside and the amendment application filed by the petitioner is allowed.

(Mungeshwar Sahoo, J) Harish/- U