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2006 Supreme(Jhk) 959

N.N.TIWARI
Shyama Charan Mishra – Appellant
Versus
Kamala Debya – Respondent


ORDER

Narendra Nath Tiwari, J.

1. In this writ application the petitioner has prayed for setting-aside the order dated 6.12.2004 passed by the Sub-Judge-II, Deoghar in Title Suit No. 44/02 whereby the petitioners application dated 11.9.2003 praying amendments in the plaint has been rejected. The petitioners grievance is that learned Court below has erroneously rejected the petitioners prayer for amendments mainly on the ground that plaintiff petitioner has sought several amendments in the plaint though he had already filed a lengthy plaint of 61 pages and is expected to incorporate every thing. The Court below has also observed that if the proposed amendments are allowed, the same would change the nature of the suit, though no reason has been recorded for arriving at the said conclusion.

2. Mr. K.P. Dev, learned Counsel for the petitioner, submitted that though number of amendments in the plaint have been sought for, the proposed amendments are formal in nature and number of the proposed amendments are intended to correct the typographical errors in the plaint which could not be earlier detected. The same do not in any way go to change the nature of the suit. It has been submitted th



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