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2025 Supreme(Pat) 465

ARUN KUMAR JHA
Arun Kumar Singh – Appellant
Versus
Abhimanyu Prasad Singh – Respondent


Advocates Appeared:
For the Petitioners: M/s Dayanand Singh, Dhananjay Kashyap.
For the Respondent: M/s Parth Gaurav, Gargi, Ridhima Dvivedi.

Arun Kumar Jha, J. – The instant civil miscellaneous petition has been filed by the petitioners for setting aside the order dated 09.08.2023 passed by learned Munsif, Civil Court, Aurangabad in Title Suit No. 87 of 2000, whereby and whereunder the learned trial court has allowed the amendment application dated 31.03.2023 filed by the plaintiff/respondent under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).

2. The factual matrix of the case, in short, is that the respondent filed Title Suit No. 87 of 2000, challenging the gift deed dated 04.02.1972 executed by father of the plaintiff in favour of defendant nos. 1 and 2, seeking declaration that the gift deed was inoperative and void. The suit has been filed against the petitioners who have been made defendant nos. 1 and 2 and the defendant no. 3 was father of defendant nos. 1 and 2. During pendency of the suit, respondent filed an application for amendment of plaint on 30.11.2009, challenging another gift deed dated 04.02.1972 executed by father of the respondent in favour of one Anju Lata Singh but the said amendment application was withdrawn on 21.01.2012 with submission that a fresh amendme

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