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PATNA HIGH COURT
ARUN KUMAR JHA, J
Mahesh Chand Sidh – Appellant
Versus
Kumar Satyam – Respondent
| Table of Content |
|---|
| 1. facts leading to the appeal regarding the amendment application. (Para 2) |
| 2. arguments concerning the implications and legality of amendment. (Para 3 , 4) |
| 3. court's observations on the nature of the amendments. (Para 5 , 6 , 7 , 8 , 9) |
| 4. ratio decidendi on permissible amendments to pleadings. (Para 10 , 11) |
| 5. final ruling and directions from the court. (Para 12) |
CAV JUDGMENT
Date : 07.01.2025
The present civil miscellaneous petition has been filed for setting aside the order dated 07.12.2016 passed by learned Sub Judge VIII, Motihari in Title Suit No. 409 of 2015 whereby and whereunder the learned Sub Judge allowed the petition dated 09.09.2016 filed by the respondent/defendant under Order 6 Rule 17 of the Code of Civil Procedure (in short “the Code”) for amendment in the written statement.
2. Briefly stated, facts of the case, as it appears from the record, are petitioner is plaintiff of Title Suit No. 409 of 2015 and has filed the suit for declaration of sale deed dated 17.01.2012 to be forged, fabricated and illegal and for setting aside the same declaring the right and title of the plaintiff over the suit property apart from other reliefs. The plaintiff claimed
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