High CourtsDivision Bench(1940) 09 PAT CK 0020

Bhagwat Prasad vs Fanishdeo Tewari and Others

Patna High Court · Decided on 5 September 1940 · Citation: AIR 1941 Patna 44

HON’BLE JUDGES
Agarwala, J

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Judgment

2 paragraphs · 91 words

Agarwala, J.—This application is directed against an order of the Munsif of Chapra directing the plaintiff to amend his plaint and prayed for recovery of possession. The Court has no jurisdiction to direct a party to amend his plaint. If a Court is of opinion that there are grounds for rejecting the plaint it may do so but it cannot insist upon a party amending the plaint.

2.

The order of the Munsif is set aside. The case will go back for him to pass a proper order according to law.