Md. Nasim Akhtar v. Md. Badre Alam And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9400 of 2013 ====================================================== Md. Nasim Akhtar Son Of Late Abdul Jalil Resident Of Village + P.O.- Madaripur, P.S.- Bajpatti, District- Sitamarhi .... .... Petitioner/s

Versus

1. Md. Badre Alam.

2. Md. Kamre Alam both Son Of Late Md. Khalil Resident Of Village + P.O.- Madaripur, P.S.- Bajpatti, District- Sitamarhi. At Present Residing At Village + P.O.- Dharampur, P.S.- Nanpur, District- Sitamarhi

3. Most. Shamsha Khatoon Wife Of Sk. Md. Shabir, Daughter Of Md. Khalil Resident Of Village + P.O.- Madaripur, P.S.- Bajpatti, DistrictSitamarhi

4. Md. Shamim Akhtar Son Of Late Abdul Jalil Resident Of Village + P.O.- Madaripur, P.S.- Bajpatti, District- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT 28-03-2016 Heard the learned counsel for the petitioner. This application has been filed against the impugned order by which the learned court below has allowed the prayer of the plaintiffs for amendment in the plaint.

It is manifest from the impugned order that the prayer for amendment has been made by the plaintiff in response to the amendment allowed in the written statement as prayed by the defendant. The learned court below has stated in the impugned

Patna High Court CWJC No.9400 of 2013 (2) dt.28-03-2016 order that the prayer for amendment is allowed in view of the fact that it is in response to the amendment in the written statement by the defendant. During the course of submission, this Court has not been persuaded to find any illegality or material irregularity committed by the learned court below.

In result, the present application is dismissed. (V. Nath, J) Devendra/- U