The Patna High Court allowed an amendment in the prayer portion of a writ petition titled as a consequent to a subsequent event and directed the lower court to decide the underlying title suit within six months.
Amendment sought by application dated 13.08.2014 allowed; Title Suit to be decided within six months.
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.8294 of 2015
======================================================
Mostt. Usha Devi and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Prasad For the Respondent/s : Mr. Kamlesh Kishor AC to SC 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
5 21-12-2023 Heard the learned counsel for the parties.
2 . The petitioners are the plaintiff/s in the Title Suit
and they have filed this application for seeking amendment in the prayer portion which is because of subsequent event.
3 . The learned counsel for the respondents has submitted that the amendment is delayed and therefore the same should not be allowed.
4 . I have considered the submissions of the parties.
5 . The Amendment sought for by the plaintiff/s is consequential in nature and prayer of the petitioners is to amend the prayer portion as a subsequent development.
6 . In these circumstances, the amendment sought for by application dated 13.08.2014 is allowed.
7 . The Title Suit No. 206 of 1986 is directed to be
decided within six months from the date of receipt/production of
Patna High Court CWJC No.8294 of 2015(5) dt.21-12-2023 2/2
a copy of this order.
8 . The Court below is directed to proceed ex-parte
against the non-cooperating party.
(Sandeep Kumar, J)
Shishir/-
U
1 issue framed by the court
Whether amendment in prayer portion of the petition due to subsequent event should be allowed despite delay.
Usha Devi and Ors
The State Of Bihar and Ors
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
