Manjesh Kumar Jha v. Kunal Kumar Jha And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12144 of 2014 =========================================================== Manjesh Kumar Jha Son of Ashok Kumar Jha Resident of Mohalla Officer's Colony, Katihar, P.S- Katihar, Distt. Katihar. .... .... Petitioner/s

Versus

1. Kunal Kumar Jha Son of Wakil Jha resident of Hridayaganj, P.S. and Distt. Katihar.

2. Jamuna Dutta Jha Son of Sunderkant Jha resident of Village Kishanpur, P.SAmdabad, Distt. Katihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 18-08-2016 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner.

By the impugned order, the learned court below has allowed the prayer for amendment in the plaint as sought by the plaintiff. The learned court below has held in the impugned order that the proposed amendment would not change the nature and scope of the case and has also imposed the cost upon the plaintiff in view of the prayer for amendment made after delay.

After considering the submissions and the perusal of the impugned order, this Court finds that the proceeding in the learned court below is a proceeding for grant of probate letters of

Patna High Court CWJC No.12144 of 2014 dt.18-08-2016 administration. The learned court below has allowed the prayer of the plaintiff for amendment assigning reasons and imposing the cost. Therefore, this Court does not find any illegality or material irregularity in the impugned order.

The application is, accordingly, dismissed.

(V. Nath, J) Devendra/- U