Sri Yogendra Pd. Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7741 of 2014 ====================================================== Sri Yogendra Pd. Singh & Ors .... .... Petitioner/s

Versus

Most. Janki Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhubneshwar Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-02-2016 1.

Heard the learned counsel, Mr. Manishanker Rai, for the petitioner.

2.

By the impugned order dated 21.03.2014, the learned Sub Judge VIIIth, Muzaffarpur allowed the amendment application filed by the plaintiff respondent in partition suit No.239 of 2010.

3.

Perused the order passed by the Court below. It appears that the plaintiff filed the amendment application seeking permission to add two properties in the schedule of the plaint. The Court below finding the same to be formal in nature has allowed the same.

4.

The only grievance of the petitioner is that there is delay in filing the amendment application and that the plaintiffs'

Patna High Court CWJC No.7741 of 2014 (2) dt.22-02-2016 2/2 evidence was going on. Admittedly, the evidence of the petitioner has not yet started. It is not the case of the petitioner that the properties which are now sought to be added as subject matter of the suit is not the joint family property or that it is his self acquired property. Moreover since the Court below has recorded finding that the amendment sought for is necessary for just decision of the controversies between the parties, in my opinion, no case for interference in supervisory jurisdiction is made out. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U