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Patna High CourtC.Misc./235/2016dismissed

Smt. Malti Devi v. Bebi Kumari

2016-08-23Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.235 of 2016 ====================================================== Smt. Malti Devi .... .... Appellant/s

Versus

Bebi Kumari @ Munni Kumari .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bajarangi Lal For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 23-08-2016 Heard learned counsel Mr. Bajrangi Lal for the petitioner on the Interlocutory Application No.6600 of 2016, which is substitution application.

In view of the submission of learned counsel, this substitution application is allowed.

Heard learned counsel for the petitioner.

Perused the impugned order dated 31.03.2016 passed by Subordinate Judge-IX, Sasaram in Title Suit No.40 of 2011 whereby the learned court below has allowed the amendment application filed by the plaintiff for seeking permission to pursue the suit as major.

Learned counsel for the petitioner submitted that in fact the plaintiff was major on the date of institution of the suit itself. In view of the submission of the learned counsel admittedly at present the plaintiff-respondent has attained majority

Patna High Court C.Misc. No.235 of 2016 (3) dt.23-08-2016 and the court below has allowed the amendment, therefore, it needs no interference in exercise of supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Harish/- U