Anup Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.709 of 2016 ====================================================== Anup Kumar .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Vijay Kumar @ Vijay Kr. Singh For the Respondent/s : Mr. Smt. Nivedita Nirvikar- Ga7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 26-09-2016 The respondent No.1 and 2 have wrongly been made party in this Civil Misc. application, therefore, their names are deleted. Heard the learned counsel for the petitioner. Perused the impugned order dated 04.06.2016 passed by Sub Judge-12, Muzaffarpur in Title Suit No.1065 of 2014 whereby the Courts below has allowed the amendment application.

Admittedly, the suit is at the very initial stage. The learned counsel for the petitioner submitted that still today issues have not been framed. Therefore, the amendment sought for is pre-trial amendment and it is settled principal of that that the Court should liberally allow the amendment application prior to the commencement of trial, if it is required for the determination of the controversies between the parties.

The Court below, therefore, has rightly allowed the

Patna High Court C.Misc. No.709 of 2016 (2) dt.26-09-2016 2/2 amendment application as such three is no question of prejudice arises as he has got the opportunity to rebut the case of the plaintiff.

Thus, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U