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2023 Supreme(Jhk) 1425

S. N. PATHAK
Madan Lal Rathi, S/o. Late Murlidhar Rathi – Appellant
Versus
Sushil Kumar Garodia – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amar Kr. Sinha.
For the Respondent: Mr. Hemant Jain.

JUDGMENT :

By way of present Civil Miscellaneous Petition, the plaintiff-petitioner has prayed for quashing the order dated 13.07.2022, passed by learned Civil Judge, Sr. Div.-XIV, Ranchi in Civil Misc. Application No. 301 of 2022, arising out of Original Suit No. 125 of 2012, whereby the learned Court below has illegally and erroneously rejected the petition filed by the plaintiff under Order-VI Rule-17 read with Section 151 CPC, seeking leave of the Court to amend the plaint in order to incorporate subsequent fact occasioned during the pendency of the above suit.

2. It has been submitted by Mr. Amar Kumar Sinha, learned counsel appearing for the plaintiff-petitioner that the plaintiff-petitioner has filed Title Suit No. 125 of 2012 against the defendants-respondents praying therein a decree of specific performance of the agreement dated 16.03.2009, in favour of the plaintiff-petitioner. Subsequently, the nomenclature of the said title suit has been converted into Original Suit No. 125 of 2012.

3. Shorn of unnecessary details, the defendants-respondents executed a written agreement dated 16.03.2009 in favour of plaintiff-petitioner for sale of lands measuring 8 kathas 73/4 chataks al

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