Jyoti Kumar v. Md. Sahid Jamil And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7187 of 2015 ====================================================== Jyoti Kumar .... .... Petitioner/s

Versus

Md. Sahid Jamil & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-04-2016 Heard the learned counsel, Mr. Dilip Kumar, for the petitioner.

Perused the order dated 02.02.2015 passed by Munsif at Biharsharif, Nalanda in Eviction Suit No.2 of 2013. It appears that the Court below rejected the amendment application recording a finding that in fact it is additional written statement.

The said amendment application has been annexed as Annexure '3' to this writ application. It appears from perusal of the same that in fact it is additional written statement. However, it has been leveled as an application for amendment under Order VI Rule 17. It cannot be said that it is an amendment application. There is no mention as to in which paragraphs, the amendment is to be made or any other paragraph is to be added.

Patna High Court CWJC No.7187 of 2015 (2) dt.01-04-2016 2/2 Therefore, the Court below has rejected the application for amendment, particularly when the evidence of the plaintiff has already been concluded.

Thus, I find no reason to interfere with the impugned order in supervisory jurisdiction. Accordingly, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T