Jagdish Das v. Shesh Narayan Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17793 of 2014 =========================================================== Jagdish Das son of Late Bhadai Das, resident of Village - Madhopur, P.O. - Madhopur, P.S. - Majhaulia, District - West Champaran. .... .... Petitioner

Versus

1. Shesh Narayan Singh son of Late Shivnandan Singh

2. Kamakhya Singh son of Late Bashishth Narayan Singh

3. Anil Singh son of Late Bashishth Narayan Singh All residents of Village - Rulahi, P.O. Rulahi, P.S. - Majhaulia, District - West Champaran.

4. Meena Devi Wife of Sujit Kumar Singh and daughter of Uday Narayan Singh, resident of Village - Mathurapur, P.O. - Mathurapur, P.S. - Pipra Kothi, District - East Champaran.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr. Sanjeev Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 09-05-2018 Heard learned counsel for the petitioner and the respondents.

This writ application has been filed for quashing the order dated 21.06.2014 passed by learned Subordinate Judge I, Bettiah, West Champaran in Title Suit No.58 of 2008 whereby and whereunder the amendment petition of the petitioner was rejected. On perusal of the impugned order, it appears that the court below without assigning any reason has rejected the amendment petition. The said order is non-speaking as it does not disclose the reason as to why the amendment petition was rejected. As such, the

Patna High Court CWJC No.17793 of 2014 dt.09-05-2018 impugned order is not sustainable and is set aside. The writ application is accordingly allowed.

The court below is directed to pass order after hearing both the parties.

(Sanjay Kumar, J) Harish/- AFR/NAFR CAV DATE Uploading Date10.05.2018 Transmission Date