Ramnaresh Singh And ORS v. Raghuvansh Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.913 of 2016 ====================================================== Ramnaresh Singh & Ors .... .... Appellant/s

Versus

Raghuvansh Singh .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Karandeep Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and learned counsel for the respondent.

Perused the impugned order dated 25.07.2016 passed by Civil Judge (Senior Division)-IV, Motihari (East Champaran) in Title Suit No.481 of 2015 whereby the learned court below has rejected the amendment application.

It appears that the amendment application is Annexure-2 wherein the plaintiffs only prayed for addition of date of the sale deed, which is 07.07.1925. This is the basis of the claim of title by the plaintiffs. Admittedly the stage of the suit is at very initial stage i.e. evidence has not yet started. In my opinion, therefore, the court below refused to exercise a jurisdiction vested in it by law. Accordingly, the civil miscellaneous application is allowed. The impugned order is set

Patna High Court C.Misc. No.913 of 2016 (3) dt.10-02-2017 aside and the amendment application filed by the plaintiffspetitioners is hereby allowed. (Mungeshwar Sahoo, J) Harish/- U