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2024 Supreme(Jhk) 411

SUJIT NARAYAN PRASAD
Rajiya Khatun – Appellant
Versus
Hazara Khatun – Respondent


Advocates Appeared:
For the Petitioner: Mr. Afaque Rashidi.
For the Respondents: Mr. R.K. Sinha, Mr. A. Khan.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. Today, a supplementary affidavit has been filed by learned counsel for the petitioner in court.

2. Let it be kept with the record.

Prayer:

3. The instant petition has been filed under Article 227 of the Constitution of India whereby and whereunder order dated 02.09.2023 passed in Title Suit No. 83 of 2006 by learned Addl. Civil Judge (Jr. Division)-VIII, Hazaribag by which the amendment petition dated 28.08.2003 filed by the plaintiffs under Order VI Rule 17 CPC has been rejected.

4. Brief facts of the fact, as per the pleadings made in the instant Civil Miscellaneous Petition, reads as under:

5. The plaintiffs have filed a title suit being Title Suit No. 83 of 2006 seeking relief for declaration of title, declaration of demarcation of land, appointment of pleader commission and delivery of possession of the schedule land. The petitioners-plaintiffs, when the suit was at the stage of argument, filed a petition under Order VI Rule 17 CPC seeking leave to make certain amendment in the plaint stating inter alia that due to typing and clerical mistake certain amendments are necessary in the plaint for the proper adjudication of the suit. Learned co

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