Suresh Yadav @ Suresh Prasad Yadav And ORS v. Kusheshwar Yadav @ Sutkahi Yadav And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1217 of 2016 ======================================================

1. Suresh Yadav @ Suresh Prasad Yadav

2. Ramesh Yadav Both sons of Late Khushi Lal Yadav

3. Smt. Sailti Devi D/o Late Khushi Lal Yadav

4. Most. Dana Devi W/o Late Khushi Lal Yadav All resident of village - Basauli ( Ganoun ), Police Station Ghanshyampur, District - Darbhanga .... .... Appellant/s

Versus

1. Kusheshwar Yadav @ Sutkahi Yadav

2. Munni Lal Yadav Both sons of Late Sri Ram Yadav

3. Ramiya Devi D/o Late Sri Ram Yadav, Wife of Ghuran Yadav resident of village - Amarahi, Supaul, P.O. Tumoul, Police Station Ghanshyampur, District - Darbhanga

4. Dukhni Devi Wife of Gauri Shankar Yadav, D/o Sri Ram Yadav of village - Thika, P.O. Sonpur, Police Station Biroul, District - Darbhanga

5. Lalit Yadav Son of Late Jagdish Yadav

6. Pulendra Yadav Son of Late Jagdish Yadav

7. Bablu Yadav Son of Late Bhogendra Yadav

8. Lalu Yadav Son of Late Bhogendra Yadav minor under the guardianship of their Chachera brother namely Lalit Yadav Resident of village - Ganoun, Tole Basauli, Police Station Ghanshyampur, District - Darbhanga

9. Mostt. Sara Devi Wife of Late Bideshi Yadav

10. Duni Lal Yadav Son of Late Bideshi Yadav

11. Raja Ram Yadav Son of Late Bideshi Yadav

12. Bhuli Devi D/o Late Bideshi Yadav

13. Most. Punam Devi Wife of Late Saryug Yadav

14. Mahesh Yadav Son of Late Saryug Yadav

15. Dhorhai Yadav

16. Ghuran Yadav

17. Satto Yadav

18. Charitar Yadav Son of Neti Yadav

19. Buchan Yadav

20. Lochan Yadav

21. Bechan Yadav All sons of Late Damodar Yadav

22. Mt. Dukhani Devi W/o Late Damodar Yadav

23. Chaadami Yadav @ Shiv Shankar Yadav

24. Har Kishor Yadav @ Har Kushun Yadav Both sons of Late Dukhi Yadav

25. Mt. Dukhni Devi @ Kulkhi Devi W/o Late Dukhi Yadav All resident of village - Sahpur Ganoun, Tole Basauli, Police Station Ghanshyampur, District - Darbhanga

26. Smt. Karo Devi Wife of Sri Baidyanath Yadav resident of village - Mohiuddinpur Pakri, Police Station Bahera, District Darbhanga

27. Bachan Yadav

28. Mahendra Yadav Both Sons of Late Iski Lal Yadav

29. Sumitra Devi D/o Late Iski Lal Yadav

30. Mt. Ram Pari Devi W/o Late Iski Lal Yadav

31. Jaisi Lal Yadav

32. Bacha Yadav

Patna High Court C.Misc. No.1217 of 2016 (5) dt.25-10-2018 2/3

33. Tuna Yadav

34. Ram Bilash Yadav All S/o Late Chhote Yadav All resident of village - Sahpur Ganoun, Police Station Ghanshyampur, District - Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Girish Chandra Jha For the Respondent/s : Mr. Samir Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-10-2018 Heard Mr. Girish Chandra Jha, the learned counsel for the petitioners, and Mr. Samir Ranjan, the learned counsel for all the appearing respondents.

The petitioners have filed this Civil Misc. petition against the order dated 21.09.2016 passed by learned Sub Judge, Biraul, Darbhanga in Title Suit No. 112 of 1990 by which the petition of the petitioners for amendment in the plaint has been rejected.

The petitioners are the plaintiffs. The petitioners filed petition for amendment in the plaint stating therein that earlier the name of defendant No.9 was deleted and the lands mentioned in schedule 1 and 2 of the plaint were also deleted on the basis of compromise arrived at between the parties on 18.08.2000. Later on the compromise petition was rejected and, therefore, name of defendant No.9 be added and the lands mentioned in schedule 1 and 2 of the plaint be also added in the

Patna High Court C.Misc. No.1217 of 2016 (5) dt.25-10-2018 3/3 plaint but the learned Sub Judge by the impugned order rejected the petition of amendment on the ground that the compromise petition was rejected on 20.02.2009 but the plaintiffs did not file the petition for amendment immediately thereafter but from perusal of the impugned order, I find that the learned Sub Judge has committed jurisdictional error by rejecting the petition of the petitioners for amendment in the plaint. Admittedly, name of defendant No. 9 was deleted on the basis of compromise arrived at between the plaintiffs and defendant No. 9 and lands mentioned in schedule-1 and 2 of the plaint were also deleted but after rejection of the compromise petition the plaintiffs brought the amendment and if the amendment is not allowed that will cause injustice to the plaintiffs.

In this view of the fact, the order dated 21.09.2016 is set aside and the amendment petition is allowed. Thus, this Civil Misc. petition is allowed.

(Prabhat Kumar Jha, J) BKS/- U