Petitioner sought quashing of a Sub-Judge's order allowing plaintiffs' delayed amendment application challenging five sale deeds and an earlier decree, arguing delay and limitation bar. The court found no mala fide or jurisdictional error, dismissed the application, and directed the trial court to conclude the suit within a year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.745 of 2018
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Shri Ram Nandan Sharma S/o Late Kamta Sharma, Resident of VillageBadauni, P.O. and P.S.- Parbalpur, District- Nalanda.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
16 02-11-2023 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the Respondents.
Patna High Court C.Misc. No.745 of 2018(16) dt.02-11-2023 2/3
order dated 15.03.2018 passed by Sub-Judge 1st , Hilsa, Nalanda, in Title Suit No. 93 of 2007 by which the amendment application dated 24.04.2017 filed by the plaintiffs has been allowed.
Patna High Court C.Misc. No.745 of 2018(16) dt.02-11-2023 3/3
Respondents also submitted that despite their great efforts, the certified copies of the sale deeds were not supplied to them and therefore, there was delay in filing the amendment application, but from the date of knowledge of the sale deeds, the amendment application is within time. He has further submitted that because of the non-availability of the records, the amendment application was filed when the records were not supplied to them and therefore, the amendments were not barred by limitation.
(Sandeep Kumar, J)
Saif/- U
2 issues framed by the court
Whether the trial court erred in allowing a late amendment application challenging five sale deeds after issues had been framed.
Whether the challenge to the decree of Title Suit No. 23 of 2006 was barred by limitation.
Shri Ram Nandan Sharma
Shri Ram Niwas Kumar
Tushar Gautam (minor)
Smt. Shanti Devi
Smt Usha Devi
Smt Meera Devi
Sandeep Kumar
As recorded by the court registry
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