Dismissed¶30

Rajkumari Devi v. Smt. Subhanti Devi

Patna HC20 Feb 2025C.Misc./143/2025

Case brief

AI extract

What is this about?

Amendment of plaint; Order 6 Rule 17 Code of Civil Procedure; defendant seeking amendment of opposite party's plaint; rejection of amendment application affirmed; Title Appeal No. 15 of 2022; Additional District Judge-17 Bhojpur at Ara; order dated 12.09.2024; correction of father's name in plaint; Patna High Court C.Misc. No.143 of 2025; petition dismissed at admission stage; Arun Kumar Jha.

What did the court decide?

The present petition was filed without any merit: the petitioner, though a defendant before the trial court, sought amendment of the plaint of the opposite party, which the law does not permit, as the learned appellate court had made amply clear; filing the present petition was completely against the settled terms of law. ¶26

Rajkumari Devi Vs Smt. Subhanti Devi — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.143 of 2025

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

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Rajkumari Devi, D/o- Late Daya Shankar Choubey, W/o- Krishan Nandan Pandey @ Bhagmal Pandey, R/o- Noorpur, Patna City, P.S- Malsalami, P.OPatna City, District- Patna- 8.

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... ... Petitioner/s

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Versus

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Smt. Subhanti Devi W/o- Ram Niwas Chaubey R/o- Village- Dhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.

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Ram Niwas Chaubey, S/o- Late Ram Pravesh Choubey R/o- VillageDhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.

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Baleshwar Chaubey, S/o - Late Ram Pravesh Choubey, R/o- VillageDhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.

¶9

Jitendra Kumar Pandey, S/o- Dinanath Pandey, R/o- Village- Sheopur, P.SAgiaon (Garahani), District- Bhojpur, presently R/o- Village- Dhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.

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Most. Malti Kuer, W/o- Late Uma Shankar Chaubey R/o- VillageDhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.

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Nand Kumar Choubey, S/o- Late Uma Shankar Chaubey R/o- VillageDhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.

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Nitya Nand Choubey, S/o- Late Uma Shankar Chaubey R/o- VillageDhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.

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Dharmendra Choubey, S/o- Late Uma Shankar Chaubey R/o- VillageDhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.

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Most. Rita Kuer, W/o- Late Hirdya Nand Missir, D/o- Late Uma Shankar Chaubey, R/o- Village- Paharpur, P.S- Agiaon (Garahani), District- Bhojpur.

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Smt. Tetari Devi, W/o- Satrughan Upadhyay, D/o- Late Uma Shankar Choubey, R/o- Village Khanet, P.S.- Pawan, District- Bhojpur.

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... ... Respondent/s

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

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Appearance : For the Petitioner/s : Mr.Alok Ranjan, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT

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Date : 20-02-2025

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The record taken up on mentioning being made on behalf of the petitioner.

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Heard learned counsel for the petitioner on the

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Patna High Court C.Misc. No.143 of 2025 dt.20-02-2025 2/3

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point of admission and I intend to dispose of the instant petition at the stage of admission itself.

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The petitioner is aggrieved by the order dated 12.09.2024 passed by the learned Additional District Judge-17, Bhojpur at Ara in Title Appeal No. 15 of 2022 whereby and whereunder the learned appellate court rejected the petition dated 08.02.2024 filed by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure for making amendment in the plaint.

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The learned counsel for the petitioner submits that the impugned order has been passed without considering the submission of the petitioner that the petitioner was shown to be the daughter of some other person instead of Late Daya Shankar Chaubey and the petitioner sought correction in the plaint which was rejected. The learned counsel further submits that the petitioner is respondent no. 9 and was defendant before the learned trial court.

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Perusal of record shows the present petition is filed without any merit as is apparent from paragraph 8 of the impugned order. The petitioner has been seeking amendment in the plaint while she is defendant and the law does not permit a party to seek amendment in the plaint of opposite party and this

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Patna High Court C.Misc. No.143 of 2025 dt.20-02-2025 3/3

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fact is made amply clear by the learned appellate court. Still the petitioner chose to file the present petition which is completely against the settled terms of law.

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In the light of aforesaid facts and circumstances, I do not find the impugned order suffers from any infirmity as the same has been passed after due consideration and, therefore, the same is affirmed.

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Accordingly, the instant petition is dismissed being devoid of any merit.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	24.02.2025
Transmission Date	NA

Rajkumari Devi v. Smt. Subhanti Devi

Case brief

What is this about?

What did the court decide?

Rajkumari Devi v. Smt. Subhanti Devi

Case brief

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