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2025 Supreme(Online)(JHK) 60

HIGH COURT OF JHARKHAND
Sanjay Kumar Dwivedi, J
SHYAMAL KUMAR PASARI – Appellant
Versus
JAMUNA BEN – Respondent


Advocates:
Mr. Vibhor Mayank, Mr. Tarun Kr. Mahato, Mr. Shivam Kumar, Mr. Rahul Kr. Gupta

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite parties.

2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 20.09.2022 passed by learned Additional Civil Judge (Junior Division), West Singhbhum at Chaibasa in Original Suit No.03 of 2020 corresponding to Misc. Civil Application No.06 of 2020 whereby the petition under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 for making necessary amendment in the plaint has been rejected. Further prayer is made to allow the petition to make out correction in the plaint.

3. Learned counsel appearing for the petitioner submits that the Original Suit No.03 of 2020 was instituted for recovery of possession and declaring the right title interest which was decided by the judgment/decree dated 23.03.2010 which was challenged by the defendants in the Title Appeal No.07 of 2010 and the said was decided by the judgment dated 22.03.2017 whereby the judgment/decree was set aside and the suit was remanded back to decide afresh by the learned trial court. He submits that a formal prayer w

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