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2025 Supreme(Pat) 594

ARUN KUMAR JHA
Musay Tanti – Appellant
Versus
Raj Kumar Mandal – Respondent


Advocates Appeared:
For the Petitioner: M/s Chandra Kant, Navin Kumar, Sudhanshu Prakash.
For the Respondent: Mr. Indeshwari Prasad Mandal.

Arun Kumar Jha, J. – The present civil miscellaneous petition has been filed by the petitioner for setting aside the order dated 16.09.2019 passed by the learned Sub Judge-X, Bhagalpur in Title Suit No. 175/1995 whereby and whereunder the learned trial court rejected the amendment application dated 09.09.2019 filed by the plaintiff/petitioner under Order VI, Rule 17 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).

2. Briefly stated, the facts of the case are that, the petitioner is one of the plaintiffs and he and respondents 2nd set have filed Title Suit No. 175/1995 for declaration of right and title over the suit land with further declaration that defendants/respondents 1st set have no right and title over the said land. Further declaration has been sought that survey entry with regard to said land is not correct and restraining orders against the defendants not to interfere with the possession of the plaintiffs has also been sought. Schedule A of the plaint contains land which is situated at Mauza- Mirachak, P.S.-Barari, Khata No. 132, Khesra No. 259, having an area of 90 decimals in the district of Bhagalpur and the boundary of the s

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