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2012 Supreme(Jhk) 1024

P.P.BHATT
Sita Devi Jaiswara – Appellant
Versus
Shankar Ram Jaiswara – Respondent


Advocates appeared:
For the Petitioner: M/s Jai Prakash, Yogesh Modi.
For the Respondents: M/s V. Shivnath, Birendra Kumar.

Order

Present writ petition has been filed for issuance of an appropriate writ/order/ direction for quashing and setting aside the order dated 27.11.2010 passed by the learned Additional District Judge, Fast Track Court-V, Dhanbad in Title Appeal No. 81 of 2010 whereby the learned lower appellate court has rejected the application filed by the petitioner (original plaintiff) u/O. 6, R. 17 r/w Sec. 151 of the CPC for amendment of plaint to the extent of correcting the typing error which was wrongly typed as 1983 instead of 1993 in the plaint.

2. Learned Senior Counsel Mr. Jai Prakash appearing for the petitioner while describing the facts of the case, submitted that in the year 1943 the father of the petitioner purchased Schedule-'A' property measuring 34 decimals by registered sale deed. The family of the father of petitioner namely Ram Dular Jaiswara comprised of his father Bhaglu Ram and mother Lakhi Devi and they used to live jointly. Ram Dular Jaiswara made construction over Schedule-'A' property and on such construction Holding No. 313/268 was assigned by Dhanbad Municipality.

After the death of mother of Ram Dular Jaiswara, Bhaglu Ram developed intimacy with a married woman Bas











































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