Allowed

Sheo Lal Rai and Anr. v. Umesh Prasad Yadav and Ors.

Patna HC11 Dec 2015CWJC/18595/2010

Case brief

AI extract

What is this about?

Allowing a petitioner to amend a plaint under Order 6 Rule 17 CPC for formal changes without altering the suit's nature, setting aside the trial court's rejection of the amendment application as unnecessary hindrance to justice.

What did the court decide?

The impugned order dated 23.09.2010 rejecting the amendment application was set aside and the application for amendment was allowed.

Sheo Lal Rai and Anr. Vs Umesh Prasad Yadav and… — Civil Procedure and Limitation | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.18595 of 2010 =========================================================== 1. Sheo Lal Rai S/O Late Bhagwat Rai R/O Vill.- Jitwarpur Nijamat Mofassil, Distt.- Samastipur, At Present R/O Mohalla- Bengali Tola Station Chowk, Ward No. 02, Old And New, Town P.S. And Distt.- Samastipur 2. Roop Lal Rai S/O Late Bhagwat Rai R/O Vill.- Jitwarpur Nijamat Mofassil, Distt.- Samastipur, At Present R/O Mohalla- Bengali Tola Station Chowk, Ward No. 02, Old And New, Town P.S. And Distt.- Samastipur .... .... Plaintiffs-Petitioners Versus 1. Umesh Prasad Yadav S/O Sri Ram Chandra Rai R/O Vill.- Rampur Keshopatti, P.S. And Distt.- Samastipur 2. Samser Bahadur S/O Sri Ram Chandra Rai R/O Vill.- Rampur Keshopatti, P.S. And Distt.- Samastipur

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Sri Shambhu Jaiswal S/O Nageshwar Choudhary R/O Vill. + Post- Bramhotra, P.S.- Rameshwar Nagar, Ashok Paper Mills, Darbhanga, At Present R/O Bahadurpur Petrol Pump, Ward No. 27, Town P.S. And Distt.- Samastipur …Defendant-Respondent 1^st set

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Smt. Asha Devi W/O Sri Umesh Kumar Jha R/O Vill.- Lakhenpatli, P.O.Kajaur, P.S.- Waris Nagar, Distt.- Samastipur And D/O Dai Rani Devi, W/O Binod Kumar Rai, R/O Mauza Karbaddha, P.S. And Distt.- Samastipur, At Present R/O Ward No.2, Old And New 25, Town P.S. And Distt.- Samastipur

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Defendant-Respondent 2^nd set

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Smt. Sangeeta Devi W/O Sri Rambabu Choudhary R/O Mohalla- Bengali Tola, Ward No. 02, Old And 25 New, Town P.S. And Distt.- Samastipur, At Present R/O Pokha Ram, P.S.- Biraul, Distt.- Darbhanga

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.... ....Defendants-Respondent 3^rd set

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=========================================================== Appearance : For the Petitioner/s : Mr. RANA SANJAY KR.SINGH

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=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 11-12-2015

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Heard the counsel for the petitioner.

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Although upon notice an advocate had entered appearance on behalf of the contesting defendant-respondent and on his request time was also granted to file counter affidavit, but neither the said respondent has appeared today nor any counter affidavit has been filed.

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Patna High Court CWJC No.18595 of 2010 dt.11-12-2015

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The petitioners being the plaintiffs of T.S. No. 101 of 2008 pending in the court of Sub Judge I, Samastipur have filed the present writ application aggrieved by the order dated 23.09.2010 whereby the application filed by the petitioners under order 6 Rule 17 of the Code of Civil Procedure (for short ‘the Code’) on 21.05.2009 seeking some amendment in the plaint was considered and rejected. The defendant(s) had filed rejoinder to the said application for amendment.

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Counsel for the petitioner submits that the amendments sought for were formal in nature and do not change the nature of the suit which was filed for declaration of title in respect of 03 shops and recovery of possession thereof. Even after amendment the relief is the same and if the relevant facts were wrongly added or not stated which the plaintiffs wanted to place on record, the trial court ought to have allowed the same in the interest of justice. The amendments are necessary for effective resolution/adjudication of the matter/dispute between the parties.

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What shall be the effect of the amendment shall be considered by the court by evaluating the evidence led in support thereof and whether an admission was made by the plaintiff of certain facts will also be an issue to be considered in the light of the pleading and evidence on record. Obviously, after amendment is allowed the defendant shall be entitled to file additional written statement. It has been submitted that the case is at the nascent stage insomuch so the issues have also not been framed.

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Considering the wide/broad ambit of the rule-provision the purpose whereof is to minimize the litigation, that too, between the same party as also the fact that there is no opposition to the relief prayed for by the defendant respondent, in my view, the ends of justice shall be subserved if the amendment

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Patna High Court CWJC No.18595 of 2010 dt.11-12-2015

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sought for by the plaintiff in the plaint is allowed. Consequently, the impugned order dated 23.09.2010 passed by the trial court is set aside. The application is allowed.

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(Kishore Kumar Mandal, J)

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HR/-
U

Sheo Lal Rai and Anr. v. Umesh Prasad Yadav and Ors.

Case brief

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Sheo Lal Rai and Anr. v. Umesh Prasad Yadav and Ors.

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