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2022 Supreme(Jhk) 273

RAJESH SHANKAR
Prabhu Mochi @ Ram – Appellant
Versus
Krishna Kumar Mahalka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Tirtha Nandan Jha, Advocate

JUDGMENT :

1. The present civil miscellaneous petition has been filed under Article 227 of the Constitution of India for quashing the order dated 14th December, 2021 passed by the Civil Judge (Sr. Division)-II, Latehar in Civil Misc. Application No.14 of 2021 (Original Title Suit no.07 of 2013), whereby the application filed by the plaintiffs/petitioners under Order VI Rule 17 read with Section 151 CPC, seeking amendment in the plaint, has been rejected.

2. Learned counsel for the petitioners, while assailing the impugned order dated 14th December, 2021, submits that the learned Trial Court has committed an error in disallowing the application filed by the plaintiffs under Order VI Rule 17 read with Section 151 CPC, undermining the fact that averments with respect to execution of the sale deed in the year 1946 by Lal Sahay Chamar (grandfather of the petitioners) in favour of Baijnath Ganjhu (vendor of the father of the defendants), which is forged and fabricated document obtained fraudulently by the defendatns, was already made in different paragraphs of the plaint. In fact, the plaintiffs came to know about the said fact in a proceeding initiated by the Sub Divisional Officer, Lateh

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