The High Court at Patna dismissed a writ application challenging an order allowing an amendment to the plaint. The petitioner failed to appear, and the Court dismissed the challenge without substantive arguments.
Writ application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13289 of 2013
=========================================================== 1. Jawed Akhter Son Of Late Abdul Zabar Resident Of Mohalla Bari Road, P.S. Civil Line, Gaya
.... .... Petitioner/s Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 21-11-2016
No one appears on behalf of the petitioner even after repeated calls.
This application has been filed by the defendant assailing the impugned order by which the learned court below has allowed the prayer for amendment in the plaint as prayed by the plaintiff-respondents.
Patna High Court CWJC No.13289 of 2013 dt.21-11-2016
2
The learned court below has found that the proposed amendment would not change the nature of the suit and is only formal. From the perusal of the amendment petition (Annexure-1) it transpires that that by the proposed amendment, the plaintiff has sought to insert the elaborate address and by second amendment the plaintiff has sought to describe the property by giving measurement and boundary . This Court, therefore, does not find that the learned court below has committed any illegality or material irregularity in coming to the conclusion that the amendments which have been prayed would not change the scope of the suit.
The application is, accordingly, dismissed.
| Ranjan | /- |
(V. Nath, J) |
|---|---|---|
| AFR/NAFR | NAFR | |
| CAVDATE | N.A. | |
| UploadingDat | e 22.11.16 |
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| Transmission | N.A | |
| Date |
Jawed Akhter Son Of Late Abdul Zabar
Baba Jugeshwar Prasad
Kamal Kumar Prasad
Arvind Kumar
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
