The Patna High Court dismissed a writ petition seeking to set aside an order allowing an amendment to the defendants' written statement. The Court held the amendment was clarificatory and did not cause prejudice.
The writ petition was dismissed, affirming the impugned order allowing the amendment.
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.1417 of 2017
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Nirmal Kumar, son of Late Uma Shankar Sharma, resident of Village - Kasimchak, Post - Belhari, Police Station - Dulhin Bazar, District - Patna at present residing at Mohalla - Tengri, Post - Chaibasa, Police Station - Sadar, District - West Singhbhoom, Jharkhand.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Ajay Kumar, Advocate For the Respondent/s : None. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT
Date : 03-12-2024
Despite repeated calls, none appeared for the respondents.
Patna High Court C.Misc. No.1417 of 2017 dt.03-12-2024 2/4
227 of the Constitution of India for setting aside the order dated 10.02.2017 passed by learned Sub Judge, Paliganj, Patna in Title Suit No. 267 of 2009 whereby and whereunder the learned trial court allowed the petition filed on behalf of the defendant nos. 1 to 6/respondents 1st set under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).
Patna High Court C.Misc. No.1417 of 2017 dt.03-12-2024 3/4
needs to be set aside.
Patna High Court C.Misc. No.1417 of 2017 dt.03-12-2024 4/4
any interference by this Court. Hence, the same is affirmed.
stands dismissed.
(Arun Kumar Jha, J)
V.K.Pandey/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 04.12.2024 |
| Transmission Date | NA |
2 issues framed by the court
Whether the High Court should interfere under Article 227 to set aside the trial court's order allowing an amendment in the written statement.
Whether the amendment in the written statement caused prejudice to the petitioner.
2 provisions across 2 enactments
Nirmal Kumar
Shiv Shankar Singh
Janki
Shambhudhari Singh
Bipin Bihari Singh
Rakesh Kumar Sharma
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
