Mangi Lal Sharma v. Narayan Sah

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1547 of 2016 ====================================================== Mangi Lal Sharma .... .... Appellant/s

Versus

Narayan Sah .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shobha Nath Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-01-2017 Heard the learned counsel for the petitioner and the learned counsel for the respondent.

Perused the impugned order dated 27.09.2016 passed by Sub Judge Ist, Araria in Title (Eviction) Suit No.5 of 1991 whereby the learned Court below rejected the amendment application filed by the defendant-petitioner. Although it is settled principle of law that the Courts have wide discretion to allow the amendment at any stage in the present case.

From perusal of the impugned order, it appears that the defendant is trying to introduce entirely new case at the stage of argument of the suit. Eviction suit has been filed in the year 1991 and both the parties have already concluded their evidence. Now, at this stage, a new fact is sought to be added to the effect that in fact vacant land was given in tenancy to the petitioner and

Patna High Court C.Misc. No.1547 of 2016 (2) dt.13-01-2017 2/2 thereafter, the petitioner has constructed the building and is residing and is carrying business in the suit premises. At this stage if the amendment is allowed then naturally there will be de novo trial and in fact this is not the real controversy between the parties for the first time at the stage of argument, a new controversy is being tried to be raised by the petitioner.

Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this Civil Misc. application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T