Allowed

Vishwambhar Jha @ Bishwambhar Jha v. The State of Bihar

Patna HC28 Aug 2023C.Misc./1471/2018

Case brief

AI extract

What is this about?

Petitioners sought amendment of their Civil Miscellaneous application to change the prayer from correcting survey records to declaring title. The single-judge court allowed the amendment, holding that nothing substantial was added and it would avoid multiplicity of suits.

What did the court decide?

The amendment application dated 21.05.2018 was allowed. Petitioners are free to take consequential actions in the Court below.

Vishwambhar Jha @ Bishwambhar Jha Vs The State of Bihar — Property and Title | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1471 of 2018

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======================================================

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Vishwambhar Jha @ Bishwambhar Jha S/o Late Jainandan Jha resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Brajesh Kumar Jha @ Brajesh Jha, S/o Vishwambhar Jha @ Bishwambhar Jha, resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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... ... Petitioner/s

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Versus

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1. The State of Bihar through the Collector, Madhubani, Collectorate, Madhubani.

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1. Settlement Officer, Land Survey Office, Darbhanga.

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Raja Ram Yadav, S/o Late Musahru Yadav resident of Village Tardiha P.S. Madhepur, District- Madhubani.

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Ghaja Ram Yadav, S/o Late Musahru Yadav resident of Village Tardiha P.S. Madhepur, District- Madhubani.

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Mantoria Devi, D/o Late Musahru Yadav resident of Village Tardiha P.S. Madhepur, District- Madhubani.

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Yoga Nand Jha, S/o Late Bhubneshwar Jha Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Ayodhya Kumar Jha, S/o Late Kula Nand Jha. Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Bharat Kumar Jha, S/o Late Kula Nand Jha. Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Vijay Jha, S/o Late Bindnatha Jha. Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Raja Jha, S/o Late Bindnatha Jha. Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Sanjay Jha, S/o Late Bindnatha Jha. Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Samtola Devi, W/o Late Shyam Jha, Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Raghaw Jha, S/o Late Shyam Jha, Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Mukund Jha, S/o Late Shyam Jha, Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Neelam Devi, D/o Late Shyam Jha, Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Kripal Jha, S/o Late Guneshwar Jha, Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Smt. Nirmala Devi W/o Late Bibhooti Nath Jha Resident of Village and P.O. 1. Tardiha, P.S. Madhepur, District- Madhubani, Bihar Pin- 847408. 21. Rajeev Jha Son of Late Bibhooti Nath Jha Resident of Village and P.O.

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Patna High Court C.Misc. No.1471 of 2018(10) dt.28-09-2023 2/3

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Tardiha, P.S. Madhepur, District- Madhubani, Bihar Pin- 847408.

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Sanjeev Jha Son of Late Bibhooti Nath Jha Resident of Village and P.O. 3. Tardiha, P.S. Madhepur, District- Madhubani, Bihar Pin- 847408.

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Rabind Nath Jha, S/o Late Muneshwar Jha, Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Dinesh Nath Jha, S/o Late Muneshwar Jha, Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Krishna Devi, W/o Late Sureshwar Jha. Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Durga Nand Jha, S/o Late Ratneshwar Jha. Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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Bidya Nand Jha, S/o Late Ratneshwar Jha, Resident of Village Tardiha, P.S. Madhepur, District- Madhubani.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanat Kumar Mishra For the Respondent/s : Mr.S.C.Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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10 28-09-2023 Heard the parties.

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By the impugned order, the amendment application of the petitioners has been rejected. The petitioners have prayed for amendment in the prayer portion only. The petitionerplaintiff had prayed for a correction in the survey records now he has prayed for declaration of their title.

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In my opinion, to stop multiplicity of suit, the amendment ought to have been allowed as nothing substantial has been asked by the petitioners to be amended in the plaint.

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In view of the above, the amendment application

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dated 21.05.2018 is allowed.

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The petitioners are free to take some consequential

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Patna High Court C.Misc. No.1471 of 2018(10) dt.28-09-2023 3/3

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actions in the Court below.

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(Sandeep Kumar, J)

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Saif/-

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U T

Vishwambhar Jha @ Bishwambhar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vishwambhar Jha @ Bishwambhar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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