Pratima Kumari v. Kanita Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.527 of 2021 ====================================================== Pratima Kumari wife of Chandeshwar Kumar Arya resident of VillageShitalpatti, Post Dhaka, P.S.- Chiraiya, District- East Champaran ... ... Petitioner

Versus

1.

Kanita Devi wife of Pappu Kumar resident of Village- Khadua, Post and P.S.- Kundwa Chainpur, District- East Champaran 2.

Mukhiya, Gram Panchayat Raj Jatwalia, Block- Dhaka, District East Champaran 3.

Panchayat Secretary, Gram Panchayat Raj Jatwalia, Block- Dhaka, District East Champaran 4.

The State of Bihar through District Magistrate, East Champaran 5.

District Programme Officer, Motihari, East Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-05-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned counsel for the respondent.

Vide impugned order the amendment petition filed by respondents/plaintiffs under Order VI Rule 17 of the C.P.C. was allowed.

Learned counsel for the petitioner has submitted that the point of maintainability was raised before the court below. The present petition has been filed stating that the petitioner had forgone her job vide letter dated 14.08.2010 to which

Patna High Court C.Misc. No.527 of 2021(2) dt.18-05-2022 2/2 the petitioner denies that she has sent that letter to Secretary Jatwaliya, East Champaran.

The respondents/plaintiffs has already pleaded about that letter in paragraph No. 5 of her plaint, only amendment has been sought for to amend the relief according to paragraph No. 5 of the plaint.

The learned trial Court has rightly allowed the petition at the cost of Rs. 1,000/-.

The pleading in respect of that letter was already there in the plaint and the relief portion was essential to be amended according to the pleadings.

With these observations, the civil miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U