The High Court dismissed a writ application. The petitioner challenged the allowance of an amendment application in a partition suit that was modified to include a prayer for declaring a sale deed null and void.
The writ application was dismissed as the lower court rightly exercised jurisdiction to allow the amendment.
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.23313 of 2013
====================================================== Suresh Sinha .... .... Petitioner/s Versus Satya Narain Sinha & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Lovekush Kumar For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
2 10-10-2017 Heard learned counsel Mr. Sachidanand Choudhary for the petitioner.
Patna High Court CWJC No.23313 of 2013 (2) dt.10-10-2017
2
property said to have been purchased by defendant-petitioner. The plaintiff also prayed for converting the suit to title suit. Therefore, the court below should not have allowed the amendment application because by the amendment the plaintiff is now changing the nature of the suit.
Patna High Court CWJC No.23313 of 2013 (2) dt.10-10-2017
3
(Mungeshwar Sahoo, J)
Harish/-
U
2 issues framed by the court
Whether amendment allowing plaintiff to declare a sale deed null and void at the initial stage of a partition suit is permissible.
Whether the defendant-petitioner's claim of self-acquired title warrants amendment to seek declaration of invalidity.
Colour shows how this judgement treated each authority
Revajeetu Builders and Developers Vs. Narayanswamy and othersReferred¶12
(2009) 10 Supreme Court Cases 84 (Revajeetu Builders and Developers Vs. Narayanswamy and others)
2 provisions across 2 enactments
Suresh Sinha
Satya Narain Sinha
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
