Dismissed

Kriti Kant Singh v. Sri Madan Singh and Ors.

Patna HC17 Aug 2015CWJC/4035/2011

Case brief

AI extract

What is this about?

The Hon'ble High Court of Patna, in Civil Writ Jurisdiction Case No.4035 of 2011, dismissed the petitioner's application for amendment of a final decree. The court held that the trial court did not err in dismissing the belated application under Order 6 Rule 17 CPC for deliberate negligence and found no basis to invoke Article 227 jurisdiction.

What did the court decide?

Application for amendment of final decree dismissed; writ petition dismissed.

Kriti Kant Singh Vs Sri Madan Singh and Ors. — Property and Title | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4035 of 2011

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====================================================== Kriti Kant Singh son of late Sadhu Saran Singh, resident of village Bhagwanpur Pakri, P.S.Lalganj, P.O. Manikpur, Pakri,Dist. Vaishali. .... .... Plaintiff-Petitioner Versus 1. Sri Madan Singh 2. Sri Krishna Singh Both sons of late Sadhu Saran Singh, resident of village Bhagwanpur Pakri, P.S. Lalganj, PO. Manikpur Pakri, Dist-Vaishali. .... .... Defendants- Respondents ====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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6 17-08-2015 Neither the plaintiff-petitioner nor the defendantsrespondents, on call is present.

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Plaintiff of Final Decree no. 453 of 1998 filed the present application aggrieved by the non grant of relief prayed vide petition dated 19.11.2005 whereby the plaintiff sought amendment in the plaint and also ex parte preliminary decree passed in the suit. The plaintiff sought certain corrections in the survey plot numbers which, according to him, was wrongly stated in the plaint. Such application was filed at a much belated stage. The trial court considered the relevant provisions under Order 6 Rule 17 of the Code of Civil Procedure to find that that there was deliberate negligence on the part of the plaintiff. The trial court did not find it a case where in spite of due diligence the relevant

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Patna High Court CWJC No.4035 of 2011 (6) dt.17-08-2015

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2/2

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plot numbers were not stated in the plaint. Having found so, the application was dismissed.

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The proceeding is of 1998, which till date remained undisposed of. This court does not find it a case where jurisdiction under Article 227 can be invoked.

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The application is dismissed.

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(Kishore Kumar Mandal, J)

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Shyam/U

Kriti Kant Singh v. Sri Madan Singh and Ors.

Case brief

What is this about?

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Kriti Kant Singh v. Sri Madan Singh and Ors.

Case brief

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