Allowed¶28

Md. Hafij v. The State of Bihar

Patna HC18 Nov 2025C.Misc./613/2017

Case brief

AI extract

What is this about?

Md. Israil v. State of Bihar and others, C.Misc. No.613 of 2017, Patna High Court, decided 18-11-2025 by S. B. Pd. Singh, J. Amendment of plaint; Order VI Rule 7; Section 151 CPC; setting aside rejection of amendment petition; T.S. No. 17 of 2013, Sub-Judge-I, Saharsa; suit for declaration of title; amendment does not change nature of suit; dispute to be adjudicated once; application allowed subject to cost of Rs. 10,000/- payable to Bihar State Legal Services Authority, Saharsa within one month.

What did the court decide?

Application allowed: amendment of plaint permitted (rejection by Trial Court set at naught), subject to payment of cost of Rs. 10,000/- by the petitioner to the Bihar State Legal Services Authority, Saharsa within one month from the date of receipt/production of the order. ¶28

Md. Hafij Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the Civil Miscellaneous application seeking setting aside of the Trial Court's order dated 20.12.2016 rejecting the petitioner's amendment petition under Order VI Rule 7 read with Section 151 of CPC should be allowed.

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Court's answer

The proposed amendment merely incorporates facts regarding the suit property and relief earlier sought in the plaint; it does not change the very nature of the suit, and the entire dispute between the parties must be adjudicated once.

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Ratio / Principle

Considering the nature of the proposed amendment, the Civil Miscellaneous application stands allowed subject to payment of cost of Rs. 10,000/- (ten thousand) by the petitioner to the Bihar State Legal Services Authority, Saharsa within one month from receipt/production of the order.

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Detailed headnote1 paragraphs

Patna High Court, C.Misc. No.613 of 2017 (decided 18-11-2025, S. B. Pd. Singh, J.): Petitioner sought setting aside of the order dated 20.12.2016 passed by the learned Sub-Judge-I, Saharsa in T.S. No. 17 of 2013 rejecting his amendment petition under Order VI Rule 7 read with Section 151 of CPC (filed 30.06.2016) in his suit for declaration of title over the suit property. The State raised no objection; respondent no. 4 did not appear despite service of summons. Holding that the proposed amendment merely incorporated facts regarding the suit property and the relief earlier sought, did not change the very nature of the suit, and that the entire dispute between the parties must be adjudicated once, the Court allowed the Civil Miscellaneous application subject to payment of cost of Rs. 10,000/- (ten thousand) by the petitioner to the Bihar State Legal Services Authority, Saharsa within one month from receipt/production of the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.613 of 2017

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

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Md. Israil Son of Late Md. Hafij Resident of Village- Shahpur, P.S. and District- Saharsa.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Revenue Department, Govt. of Bihar, Patna.

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The State of Bihar through Collector, Saharsa P.S. and District Saharsa.

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The Circle Officer, Sattar Kataiya, P.S. Bihra, Saharsa.

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4.1. Kumkum Jha W/o Late Sri Usha Raman Jha R/o -Mouza Shahpur, P.S and Dist- Saharsa at present- Saharsa Kayastu tola, Ward no.-30, P.S. and DistSaharsa.

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4.2. Samir Kr. Jha S/o Late Sri Usha Raman Jha R/o -Mouza Shahpur, P.S and Dist- Saharsa at present- Saharsa Kayastu tola, Ward no.-30, P.S. and DistSaharsa.

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4.3. Khusbu Kumari W/o Late Sanjiv Kr. Jha R/o -Mouza Shahpur, P.S and DistSaharsa at present- Saharsa Kayastu tola, Ward no.-30, P.S. and DistSaharsa.

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4.4. Ujjwala Arya Jha D/o Late Sanjiv Kr Jha R/o -Mouza Shahpur, P.S and DistSaharsa at present- Saharsa Kayastu tola, Ward no.-30, P.S. and DistSaharsa.

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4.5. Anant Shaurya Jha minor S/o Late Sir Sanjiv kr. Jha through her mother guardian namely Khusbu Kumari R/o -Mouza Shahpur, P.S and DistSaharsa at present- Saharsa Kayastu tola, Ward no.-30, P.S. and DistSaharsa.

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... ... Respondent/s

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=============== Appearance :	====	===================================
For the Petitioner/s	:	Mr.Amarnath Jha
For the Respondent/s	:	Mr.Rishi Raj Sinha
For the State	:	Mr. Saurav Kumar, AC to SC-19
=============== CORAM: HONOU	==== RABL	=================================== E MR. JUSTICE S. B. PD. SINGH

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ORAL ORDER

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13 18-11-2025 Heard learned counsel for petitioner as well as learned

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counsel for the respondent.

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The present Civil Miscellaneous application has

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been filed for setting aside the order dated 20.12.2016 passed by

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Patna High Court C.Misc. No.613 of 2017(13) dt.18-11-2025 2/3

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the learned Sub-Judge-I, Saharsa in T.S. No. 17 of 2013 whereby and whereunder the petition filed by the petitioner under Order VI Rule 7 read with Section 151 of CPC on 30.06.2016 for amendment of the plaint has been rejected.

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Learned counsel for the petitioner submits that petitioner has filed the aforesaid suit for declaration of his title over the suit property. Subsequently, during the course of trial, he has filed an amendment petition for certain amendment in the plaint which has been rejected by the Trial Court vide impugned order dated 20.12.2016.

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Mr. Saurav Kumar, AC to SC-19 appearing on behalf of the State argues that he has no objection if the amendment petition is allowed. However, respondent no. 4 did not choose to appear before the Court despite of service of summon.

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After going through the proposed amendment, it appears that, plaintiff/petitioner is trying to incorporate some facts regarding suit property as well as relief earlier sought for in the plaint. The proposed amendment does not change the very nature of the suit. The entire dispute between the parties must be adjudicated once in any case

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Keeping in view the aforesaid facts and considering

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Patna High Court C.Misc. No.613 of 2017(13) dt.18-11-2025 3/3

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the nature of proposed amendment, the instant Civil Miscellaneous application stands allowed subject to payment of cost of Rs. 10,000/- (ten thousand). The cost is payable by the petitioner to the Bihar State Legal Services Authority, Saharsa within a period of one month from the date of receipt/production of the order.

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Accordingly, the instant Civil Miscellaneous application stands disposed of.

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(S. B. Pd. Singh, J)

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Ankit Kumar/-

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Md. Hafij v. The State of Bihar

Case brief

What is this about?

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Md. Hafij v. The State of Bihar

Case brief

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