Patna High CourtC.Misc./1460/2017dismissed

Shiv Sah v. Santosh Kumar And ORS

2018-08-08Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court C.Misc. No.1460 of 2017 (2) dt.08-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1460 of 2017 ======================================================

1. Shiv Sah, Son of Late Budhan Sah, Resident of Village- P.S.- P.O.- Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

1. Santosh Kumar, Son of Late Jagdish Kumar Sah, resident of Village - P.S. - P.O.- Madhuban, District- East Champaran.

2. Janki Kuar, Wife of late Baleshwar Singh, Resident of Dubha, P.O.- Krishnagara, P.O.- Madhuban, District- East Champaran.

3. Virendra Prasad Yadav @ Virendra Rai, Son of Harikinshun Rai @ Ramkishun Rai.

4. Shanti Devi, Wife of Virendra Prasad Yadav, Both resident of VillagePipra Khan, P.S.- Phentraha, P.O.- Madhurpur, District- East Champaran.

5. Rajkishore Prasad, Son of Ram Chandra Sah, Village- Mdhuban, P.S.- Madhuban, P.O.- Gulbara Madhuban, Nirmali, District- East Champaran.

6. Prabhnandan, Son of Jhapsi Prasad, Resident of village- Madhuban, P.S.- Madhuban, P.O.- Madhuban, District- East Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Samir Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner.

Petitioner has filed this civil miscellaneous petition against the order dated 19.07.2017 passed by Sub Judge 8th, East Champaran, Motihari by which the amendment petition of the defendant has been allowed.

Learned counsel for the petitioner submits that the amendment was allowed without any reason that too after commencement of hearing of the suit but I find that since the order itself discloses that the amendment is of formal nature and,

Patna High Court C.Misc. No.1460 of 2017 (2) dt.08-08-2018 therefore, even after commencement of hearing, the amendment has rightly been allowed.

Having considered the facts aforesaid, I do not find any illegality in the order impugned. Accordingly, this civil miscellaneous petition is dismissed.

(Prabhat Kumar Jha, J) Saurabh/- U