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2024 Supreme(Pat) 139

ARUN KUMAR JHA
Abdul Samad – Appellant
Versus
Shukdeo Mahato – Respondent


Advocates Appeared:
For the Petitioner: M/s Chandra Kant, Ravi Bhushan, Navin Kumar, Mohit Kumar.
For the Respondents: Mr. Ramchandra Sahni.

Arun Kumar Jha, J. – Heard learned counsel for the petitioner and learned counsel for the respondents on the point of admission and I intend to dispose of the present petition at the stage of admission itself.

2. The instant petition has been filed for setting aside the order dated 23.10.2019 passed by the learned Munsif 2nd, Siwan in Title Suit No. 182 of 2016 whereby and whereunder the learned Munsif 2nd, Siwan rejected the amendment petition dated 11.06.2019 filed by the plaintiff holding that it will change the nature of the suit.

3. Learned counsel for the petitioner submits that the petitioner is plaintiff before the learned trial court and has filed Title Suit No. 182 of 2016 seeking declaration of title over the suit property apart from permanent injunction. During pendency of the suit, the plaintiff was dispossessed by the defendants who are respondents in the present case and, therefore, the plaintiff filed a petition dated 11.06.2019 under Order VI, Rule 17 of the Code of Civil Procedure (hereinafter ‘the Code’) for making amendment in the plaint on the ground of subsequent event. The plaintiff has sought amendment for bringing on record the act of the defendants in dispos

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