Sumitra Devi And ORS v. Raghunath Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1691 of 2015 In Letters Patent Appeal No.1057 of 2000 ====================================================== Sumitra Devi and Ors ... ... Petitioner/s
Versus
Raghunath Singh and Ors ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s:
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-05-2024 The present M.J.C. is for modification of the order dated 20.05.2015 passed in L.P.A. No. 1057 of 2000 and it is not maintainable for the reasons that correction of the 4th Respondent name and his father's name in L.P.A. No. 1057 of 2000 is not permissible, for the reasons that whatever the mistake or error pointed out in the present M.J.C. holds good in the Letters Patent Appeal (Pleadings) if there are any error committed in the pleadings of the L.P.A. cannot be subject matter of modification of L.P.A. order unless and until foundation material like pleadings in the L.P.A. is altered in the manner known to the law.
2.
Accordingly, the present M.J.C. stands
Patna High Court MJC No.1691 of 2015 dt.08-05-2024 2/2 dismissed, reserving liberty to the petitioner to file a Civil Review petition against order dated 20.05.2015 passed in L.P.A. No. 1057 of 2000 to the extent of correcting the pleadings in the L.P.A. filed by the appellant. If such Civil Review petition is filed, the concerned Court is requested to consider the limitation in the light of Section 14 of the Limitation Act, 1963 read with the Hon'ble Supreme Court decision in the case of Purni Devi & Anr. Versus Babu Ram & Anr. reported in Livelaw 2024 (SC) 273.
3. With the above observation, the present petition stands dismissed.
(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.05.2024 Transmission Date NA