The Patna High Court allowed the petition for amendment of plaint, set aside the lower court's rejection, holding the corrections were of formal nature that did not change the suit's nature or cause prejudice.
Order dated 02.06.2016 set aside and the amendment petition in Title Suit is allowed.
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Patna High Court C.Misc. No.530 of 2016 (5) dt.24-11-2017
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.530 of 2016
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.... .... Plaintiffs-Petitioners Versus
…..Defendant 1st set-Respondents 1st set.
.... .... Plaintiffs-Respondents 3rd set
====================================================== Appearance :
For the Appellant/s : Mr. Dhirendra Kumar For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
5 24-11-2017 Heard both sides.
The petitioner has moved this Court against the order dated 02.06.2016 passed by Sub Judge V, Samastipur in Title Suit No.334 of 2013 by which the amendment petition of the petitioner for deleting the word daughter of Ramsakal Thakur after Laxmi Devi, wife of Ramsakal Singh and for insertion of three mango
Patna High Court C.Misc. No.530 of 2016 (5) dt.24-11-2017 2
trees in the schedule of the plaint has been rejected.
The learned counsel for the petitioners submits that of course, the plaintiff has filed the petition for amendment of the plaint after examination of seven witnesses but the amendment is of formal nature. The plaintiff has everywhere stated that Laxmi Devi is not the daughter of Ramsakal Thakur but due to inadvertence, it has been written in the body of the plaint that Laxmi Devi, wife of Ram Sevak Singh and daughter of Ramsakal Thakur. Therefore, deletion of daughter of Ramsakal Thakur does not change the nature of the suit. Similarly addition of three mango trees in the schedule of the plaint will also not change the nature of the suit.
On the other hand, the learned counsel for the respondents submitted that the order does not require any interference as the amendment sought for by the plaintiff is at very belated stage and that will certainly change the nature of the suit.
Having considered the submission of both sides, I find that the plaintiff filed the suit stating therein that Laxmi Devi is not the daughter of Ramsakal Thakur but it appears that due to inadvertence, it has been written that Laxmi Devi, is wife of Ramsevak Singh and daughter of Ramsakal Thakur. Deletion of the word daughter of Ramsakal Thakur shall not change the nature
Patna High Court C.Misc. No.530 of 2016 (5) dt.24-11-2017 3
of the suit and it will not cause any prejudice even to the defendant and similarly addition of three mango trees in the schedule of the plaint is also of very formal nature but the learned Sub Judge V, Samastipur has erroneously rejected the petition of the plaintiff.
Accordingly, the order dated 02.06.2016 is set aside and the amendment petition is allowed. The civil miscellaneous application is allowed.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether the Lower Court erred in rejecting the amendment petition to delete 'daughter of Ramsakal Thakur' and add mango trees being formal amendments not changing the nature of the suit.
Sudhir Kumar Thakur
Sushil Kumar Thakur
Lakshmi Devi
Sarva Narain Thakur
Archana Devi
Abhay Kumar Thakur
Prabhat Kumar Jha
As recorded by the court registry
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