Sunaina Devi v. Smt.Chinta Devi And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16561 of 2010 ====================================================== Sunaina Devi daughter of Late Janki Singh wife of Sri Maheshwar Singh resident of village Bana Bigha, P.S. and Post Parwalpur and District Nalanda at present residing at village Nai Pokhar, P.S. and Post Rajgir, District Nalanda (Plaintiff) .... .... Petitioner/s

Versus

Smt.Chinta Devi & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Sinha I For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 14-07-2015 This writ application is dismissed because there is no illegality in the order dated 04.08.2007 passed by the learned Subordinate Judge I, Biharsharif in Title Suit No. 103 of 2004 refusing the kind of prayer and relief which is sought by way of amendment. This is rather a detailed consideration of the issue in relation to the suit and the prayer made therein and mischief which is sought to be brought by the amendment. The court below after considering the entirety of the order in question has rightly rejected the prayer for amendment. All issues cannot be put together and tried as one suit which has no co-relation to the original relief and the prayer made therein. Why such amendments are sought for is obvious for any

Patna High Court CWJC No.16561 of 2010 (5) dt.14-07-2015 Court to see for itself.

This writ application is dismissed.

(Ajay Kumar Tripathi, J) Amin/- U