Dismissed

Sheikh Mohammad Golam Bari@Gol v. Mamta Kumari @ Janki Devi

Patna HC24 Jul 2015CWJC/18684/2010

Case brief

AI extract

What is this about?

Petititoners filed a writ under Article 226 challenging the Munsif Patna's rejection of a prayer to amend the plaint with a new story after the written statement was filed. The High Court upheld the lower court's order, holding the amendment was not bona fide.

What did the court decide?

The prayer for amendment to the plaint was held to be not bona fide and the impugned order upheld. Writ dismissed.

Sheikh Mohammad Golam Bari@Gol Vs Mamta Kumari… — 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.18684 of 2010

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Sheikh Mohammad Golam Bari@Golam Bari S/O Habibur Rahman R/O Mohalla - Muradpur, Ashok Raj Path, P.S. - Pirbahor, P.O. Bankipur, Pargana - Azimabad, Town & Distt. Patna ( Dead)

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1 (i) Nayeema Khatton W/o Late Sk. Md. Golam Bari

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(ii) Aminur Rahman S/o Late Sk. Md. Golam Bari, Both resident of Muradpur Masjid, P.S. Pirbahore, District Patna- 800004

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(iii) Khurshid Bari S/o Late Sk. Md. Golam Bari resident of C/o Montu Khan, village- Shahpur, PO Boikhantopur, Distt Burdwan (W.B.) (iv) Anisur Rahman S/o Late Sk. Md. Golam Bari

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(v) Anjum Bari S/o Late Sk. Md. Golam Bari Both resident of Muradpur Masjid, P.S. Pirbahore District Patna- 800004

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(vi) Najma Khatoon D/o Late Sk. Md. Golam Bari /w/o Late Abdul Mannan C/o Montu Khan village Shahpur P.O. Boikhantopur District Burdwan (W.B.) (vii) Sufia Khatoon D/o Late Sk. Md. Golam Bari W/o Ezazuddin Ahmad c/o Aminur Rahman, Muraddpur Masjid, P.S. Pirbahore District Patna- 800004

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.... .... Petitioner/s

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Versus

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Mamta Kumari @ Janki Devi W/O Shri Ram Babu Gupta R/O Bihari Sao Lane, P.S. Pirbahore, P.O. Bankipur, Pargana - Azimabad, Town & Distt. Patna

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.... .... Respondent/s

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=========================================================== Appearance :

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For the Petitioner/s : Mr. Anisur Rahman For the Respondent/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-07-2015

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IA No.2086 of 2013 is for substitution of the petitioner,

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who has died on 13.11.2011. Let his legal heirs, whose names are mentioned in paragraph 2 of the application, be substituted. IA is allowed.

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Only after a detailed written statement was filed, the petitioner prayed for a proposed amendment in the plaint to defeat the very story or defence put up by the defendant. The above fact is made

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Patna High Court CWJC No.18684 of 2010 dt.24-07-2015

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2/2

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out not only from reading of the impugned order dated 9.4.2009 passed in Title Suit No.14 of 2006 by the court of Munsif I, Patna but also the amendment petition as well.. The Court has rightly rejected the prayer for such an amendment because altogether a new story is sought to be introduced contrary to the original plaint with the object of defeating the defence put up by the defendant in the written statement and after the written statement has been filed. These are naturally new stand, which is being taken by the petitioner, who happens to be the plaintiff, to strengthen his case, if not alter the case or the defence. The object of such amendment, therefore, is not honest and bona fide and, therefore, the court below has rightly rejected such a prayer.

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No interference is warranted with the impugned order. Writ is dismissed.

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(Ajay Kumar Tripathi, J)

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Sheikh Mohammad Golam Bari@Gol v. Mamta Kumari @ Janki Devi

Case brief

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Sheikh Mohammad Golam Bari@Gol v. Mamta Kumari @ Janki Devi

Case brief

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