Mahanth Parmanand Goswami v. Motwali Mahanth Pankaj And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1060 of 2016 ====================================================== Mahanth Parmanand Goswami .... .... Appellant/s

Versus

Motwali Mahanth Pankaj & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rewti Kant Raman For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-11-2016 Heard the learned counsel for the petitioner. Perused the impugned order dated 22.07.2016 passed by Sub Judge III, Ara in Title Suit No.188 of 2015 whereby the learned Court below has allowed the amendment application filed by the plaintiff respondent. Admittedly, as has been submitted by learned counsel for the petitioner, still issues have not been framed in the suit. Therefore, the amendment sought for is pre-trial amendment.

Although the learned counsel for the petitioner submitted that admissions have been withdrawn, from perusal of the amendment application and the original plaint, a copy of which was produced before me at the time of hearing of this Civil Misc. application, I find that there is no such withdrawal as claimed by the petitioner. Thus, I find no reason to interfere with the impugned order.

Accordingly, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U T