In a civil miscellaneous application under Article 227 of the Constitution, the Patna High Court dismissed the petitioner's plea to set aside a lower court order allowing plaint amendment under Order VI Rule 17 CPC, finding no illegality or merit.
The application setting aside the impugned order was 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 MISCELLANEOUS JURISDICTION No.542 of 2019
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Naresh Gope @ Naresh Yadav, S/o Late Ramji Gope @ Baldev Gope, R/o Village Salempur, P.S. Sohsarai, District- Nalanda at present resident of Mohalla Sohdih (Near Pani Tanki), P.O. and P.S. Sohsarai, District- Nalanda.
... ...Defendant-Petitioner
Versus
... ...Defendant/ Respondents 3rd Set.
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Appearance : For the Petitioner : Mr.Pankaj Kumar, Advocate For the Respondent : Mr.
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 06-09-2019
This application under Article 227 of the Constitution
of India has been filed by the petitioner for setting aside the order dated 03.10.2018 passed by learned Sub-Judge, Nalanda at Biharsharif in Title Suit No. 216 of 2015 whereby he has allowed the application filed by the plaintiff-respondent under Order 6 Rule
Patna High Court C.Misc. No.542 of 2019 dt.06-09-2019 2/2
17 of the Code of Civil Procedure for amendment in the plaint on deposit of Rs.400/- as cost.
nor the trial has commenced till date. The amendments sought for are formal in nature.
(Ashwani Kumar Singh, J)
kanchan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 09.09.2019 |
| Transmission Date |
2 issues framed by the court
Whether an impugned order allowing plaint amendment under Order VI Rule 17 CPC without laying issues is maintainable under Article 227.
Whether the petitioner's application for setting aside the lower court order has any merit.
3 provisions across 2 enactments
Naresh Gope
Anwar Sarwar
Fayaktul Jamal
Binay Gope
Dharmendra Gope
Sri Lalkeshwar Kuamr Maurya
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
