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High CourtsSingle Bench(2019) 12 PAT CK 0199

Binod Pandit And Ors vs Munna Pandit And Ors

Patna High Court · Decided on 13 December 2019

HON’BLE JUDGES
Vikash Jain, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Jurisdiction No. 1598 Of 2019

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Judgment

6 paragraphs · 341 words
1.

Heard learned counsel for the defendants/petitioners.

2.

The present petition has been filed "for setting aside the order dated 07.09.2019 passed by the learned Sub Judge Vth, Danapur in Title Suit No. 03 of 2019 by which the learned Sub Judge allowed the amendment petition dated 08.04.2019 filed by the plaintiff and directed to amend the plaint within prescribed period."

3.

By the amendment petition filed on behalf of the plaintiffs/respondents (1st set), plot nos. 192 and 193 forming part of Schedule-II of the plaint were sought to be deleted, stating that the said plots were not in dispute (para 4 and 9 of the amendment petition).

4.

Learned counsel for the defendants/petitioners on the other hand points out that Schedule II of the plaint comprised of various plots including plot nos. 192 and 193 which had been the subject matter of dispute between the parties and in respect of which written statement was also filed. It is submitted that allowing the amendment petition has the effect of changing the nature of the suit itself and cannot be permitted.

5.

Having heard learned counsel for the defendants/ petitioners and on consideration of the materials on record, this Court is not inclined to interfere in this matter. The suit has been brought by the plaintiffs/respondents (1st set), inter alia, with regard to various plots comprising Schedule-II of the plaint said to be in dispute, but later on the plaintiffs/respondents (1st set) were desirous of deleting plot nos. 192 and 193 from Schedule II on the ground that there is no dispute with respect to the said two plots. This Court finds no illegality in the impugned order allowing the deletion of the two plots from Schedule II of the plaint by allowing the amendment petition which would not change the nature of the suit. If the defendants-petitioners claim title in respect of the said two plots, it would always be open to them to seek remedy in accordance with law.

6.

The petition is devoid of merit and stands dismissed accordingly.