In special civil writ jurisdiction, the Patna High Court held that there was no interference in the lower court's order allowing the amendment of the written statement by the defendants.
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.15270 of 2014
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Ram Lal Sahani Son of Late Baijnath Sahani, Resident of Village-Kashipur Chakbibi, P.O.-Bidupur, P.S.- Rajapakar, O.P.-Baranti, Anchal-Hajipur, DistrictVaishali, at present R/o village-Fulhara Bano, P.O.-Bidupur, P.S.-Rajapakar, o.P.Baranti, Anchal-Hajipur, District-Vaishali.
.... .... Petitioner/s
Versus
.... ... Respondents
=========================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Sinha For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 25-10-2016
Heard the learned counsel for the petitioner.
By the impugned order the learned court below
has allowed the prayer on behalf of the defendant for amendment in
the written statement.
After considering the submissions and perusal of the impugned order, it is evident that the learned court below has come to the conclusion that by the proposed amendment the defendant has not taken back any admitted fact rather the amendments are by way of elaboration of the facts already stated and introduction of some new facts which was permissible in the eye of law.
Patna High Court CWJC No.15270 of 2014 dt.25-10-2016
2
In the aforesaid background, this Court is not
inclined to interfere in the impugned order.
The application is, accordingly, dismissed.
(V. Nath, J)
Nitesh/-
AFR/NAFR NAFR CAV DATE NA Uploading Date15.12.2016 Transmission Date
1 issue framed by the court
Whether the impugned order allowing amendment of the written statement should be interfered with.
Ram Lal Sahani
Faguni Sahani
Pukar Sahani
Tarni Sahani
Triveni Sahani
Dhuna Sahani
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
