Partly allowed

Parvati Cold Storage Pvt. Ltd. and Anr. v. The Bihar State Electricity Board and Ors.

Patna HC23 Sept 2013CWJC/21355/2012

Case brief

AI extract

What is this about?

Allowed an interim application allowing the petitioner-plaintiff to amend the relief portion of his plaint at the stage of arguments, setting aside the Sub Judge's rejection order.

What did the court decide?

Impugned order dated 17.9.2012 setting aside the rejection of the amendment application; directive to the court below to allow the amendment dated 25.5.2011.

Parvati Cold Storage Pvt. Ltd. and Anr. Vs The… — Civil Procedure and Limitation | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.21355 of 2012

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====================================================== 1. Parvati Cold Storage Pvt. Ltd. At Mahalpar, P.S. Bihar Sharif, District Nalanda. 2. Mahendra Prasad S/O Late Mahavir Prasad Leasee Of Parvati Cold Storage Pvt. Ltd. At Mahalpar, P.S. Bihar Sharif, District Nalanda. .... .... Petitioner/s Versus 1. The Bihar State Electricity Board, Patna, Vidyut Bhawan, Patna Through Its Chairman. 2. Chairman, Bihar State Electricity Board, Patna, Vidyut Bhawan, Patna. 3. Bihar State Electricity Board, Supply Division, Bihar Sharif, Nalanda Through Its Urban Electical Executive Enquire. 4. Urban Electrical Executive Engineer, Electric Supply Division, Bihar Sharif, Nalanda. 5. Electrical Superintending Engineer, Bihar Sharif, District Nalanda. Electric Supply Division, Bihar Block No. 1, Bihar Sharif, Post Bihar Sharif, District Nalanda. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Purushottam Kumar Jha For the Respondent/s : Mr. Prakash Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 3 23-09-2013 This is an application seeking quashing of order dated 17.9.2012 passed by the learned Sub Judge, Nalanda, in T.S.No. 229 of 2007, whereby the petitioner’s amendment petition dated 25.5.2011 has been rejected.

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Learned counsel for the petitioner has submitted that by way of amendment, the petitioner, who is the plaintiff before the court below, wanted to amend only relief portion of the plaint. He submits that though the Suit is at the stage of arguments, such amendment will not prejudice the case of the defendants as the

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Patna High Court CWJC No.21355 of 2012 (3) dt.23-09-2013

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petitioner is not required to adduce any further evidence in respect to the relief sought for. He reiterates and undertakes on behalf of his client that his client will not adduce any further evidence, if the amendment prayed for is allowed to be incorporated in the plaint.

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Learned counsels for the respondents, on the other hand, submits that the court below has rightly rejected the application for amendment, the same being vague and having been filed at the stage of argument, just to linger the disposal of the Suit.

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Having heard learned counsel for the parties, I am of the view that as such amendment related only to relief portion of the plaint and petitioner- plaintiff will not be adducing any further evidence before the court below, it would be appropriate to direct the court below to allow the petitioner to amend the plaint as per the amendment sought for in the application dated 25.5.2011. This application is accordingly allowed. The impugned order dated 17.9.2012 is set aside.

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(Chakradhari Sharan Singh, J)

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singh/-

Parvati Cold Storage Pvt. Ltd. and Anr. v. The Bihar State Electricity Board and Ors.

Case brief

What is this about?

What did the court decide?

Parvati Cold Storage Pvt. Ltd. and Anr. v. The Bihar State Electricity Board and Ors.

Case brief

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What did the court decide?

What the court decided

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