Allowed

Kishun Rai v. Bibha Kuar and Ors.

Patna HC18 Jan 2016CWJC/4870/2011

Case brief

AI extract

What is this about?

In a writ jurisdiction matter, the Patna High Court set aside the trial court's order rejecting a formal amendment application. The Court held that correcting typing mistakes does not change the suit's nature and dismissed objections based on the claim of re-examination of witnesses.

What did the court decide?

The order dated 25.09.2008 of the Trial Court rejecting the amendment application is set aside. The suit shall be disposed of expeditiously.

Kishun Rai Vs Bibha Kuar and Ors. — Civil Procedure and Limitation | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4870 of 2011

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Kishun Rai son of Lakhan Rai resident of Dulma P.O. Dulma, P.S. Madhuban Dist. East Champaran.

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.... .... Petitioner/s

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Versus

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Bibha Kuar wife of Late Sukdeo Singh

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Raju Kumar Son of late Sukdeo Singh

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All are resident of Dulma, P.O. Dulma, P.S. Madhuban, Dist. East Champaran

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.... .... Defendants/ Respondents

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

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For the Petitioner/s : Mr. Dilip Kumar Tondon For the Respondent/s : Mr. Binod Kumar Singh

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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7 18-01-2016 Heard the counsel for the petitioner and Mr. Singh
for the defendant-respondent.
The petitioner filed Title Suit no. 83/1994 for
declaration that the Mahadnama dated 07.07.1989 and
22. 08.1986 are void and inoperative. The evidence on behalf of
both the parties were adduced. The matter was posted for
argument. At this stage, the petitioner filed an application seeking
formal amendment (Annexure-2) in few paragraphs of the plaint.
A rejoinder was filed thereto.
The trial Court under the impugned order dated
25.09.2008 rejected the said application observing that such
application was filed at a belated stage and the amendment sought
for shall change the nature of the suit.
Mr. Tondon has submitted with reference to the
amendment(s) sought by the plaintiff that they are formal in

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Patna High Court CWJC No.4870 of 2011 (7) dt.18-01-2016

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2/2

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nature and will not change the nature. In particular, he has drawn attention of the Court to the amendment sought for in paragraph nos. -2, 3 and 5 in order to demonstrate the same.

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I have heard the parties.

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On going through the amendment petition, it appears to this Court they are formal in nature. Typing mistakes have been sought to be corrected. The trial Court erred in holding that by such amendment, the nature of the suit shall change. The provisions under Order 6 Rule 17 have been made with the purpose of minimizing the litigation between the parties.

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It has been submitted by Mr. Tondon that if the amendments are allowed the plaintiff shall not seek reexamination of any witness. If that be so, in my view, the writ application merits to be allowed. The order dated 25.09.2008 passed by the trial Court in Title Suit no. 83 of 1994 is set aside.

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The suit is pending on the file of the learned trial court since 1994. Let the trial Court endeavour to dispose of the suit as soon as possible . Both the parties have undertaken before me to co-operate in early disposal of the suit. The petitioner shall produce a copy of this order before the trial Court within 03 weeks enabling the trial Court to dispose of the suit expeditiously.

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(Kishore Kumar Mandal, J)

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Shyam/U

Kishun Rai v. Bibha Kuar and Ors.

Case brief

What is this about?

What did the court decide?

Kishun Rai v. Bibha Kuar and Ors.

Case brief

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What did the court decide?

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