IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.668 of 2022

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Banarsi Ray @ Banaras Rai S/o Late Bahadur Rai Resident of Mohalla-

Bahadurpur, P.S.- Town Samastipur, District- Samastipur.

... ... Petitioner/s

Versus

1.

Gajendra Kumar @ Pankaj Kumar S/o Bhagwati Charan Sah Resident of

Mohalla- Gudari Bazar Zarda Mandi, Ward No.- 20, Nagar Parishad, P.S.-

Samastipur Town, District- Samastipur.

2.

Amrita Kumari, D/o Bhagwati Charan Sah Resident of Mohalla- Gudari

Bazar Zarda Mandi, Ward No.- 20, Nagar Parishad, P.S.- Samastipur Town,

District- Samastipur.

3.

Bhagwati Charan Sah, S/o Late Sundar Sah Resident of Mohalla- Gudari

Bazar Zarda Mandi, Ward No.- 20, Nagar Parishad, P.S.- Samastipur Town,

District- Samastipur.

4.

Paro Devi, D/o Ram Prasad Paswan Resident of Mohalla- Gudari Bazar

Zarda Mandi, Ward No.- 20, Nagar Parishad, P.S.- Samastipur Town,

District- Samastipur.

5.

Kundan Kumar, S/o Bhagwati Charan Sah Resident of Bhagwanpur

Chakshekhu, Near 33 Railway Gumati, C/o Ram Prasad Sah Advocate, P.S.-

Dalsinghsarai, District- Samastipur.

6.

Parwati Devi, W/o Bhagwati Charan Sah Resident of Bhagwanpur

Chakshekhu, Near 33 Railway Gumati, C/o Ram Prasad Sah Advocate, P.S.-

Dalsinghsarai, District- Samastipur.

7.

Deo Narayan Rai, S/o Sitaram Rai Resident of Neem Chakhaidar, P.S.-

Kalyanpur, District- Samastipur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Surya Kant Mishra

For the Respondent/s

:

Mr.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

17-11-2022

By the impugned order the learned Civil Judge, Senior

Division-I, Samastipur, has allowed the amendment filed by the

respondents/plaintiffs in the plaint. The respondents/plaintiffs

filed a partition suit bearing No. 300 of 2015 seeking their share

in the suit property as described in Schedule-II of the plaint. The

Patna High Court C.Misc. No.668 of 2022(2) dt.17-11-2022

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plaintiffs claimed themselves as son and daughter of concubine

of Bhagwati Charan Sah, namely, Paro Devi. By way of

amendment the plaintiffs/respondents sought to bring the fact

that subsequently, Bhagwati Charan Sah and Paro Devi

performed marriage and this fact would be evident from the

evidence of Bhagwati Charan Sah and Paro Devi recorded in

Miscellaneous Case bearing No. 1 of 2003 pending before the

2^nd Munsif, Samastipur.

Learned counsel for the petitioner submits that the suit

property was partitioned earlier amongst the family members in

a suit filed by the respondent No. 5 in which respondent No. 3

and respondent No. 6 were defendants. He further submits that

Miscellaneous Case No. 1 of 2003 also got dismissed. A Title

Appeal arising out of the judgment passed in Partition Suit No.

10 of 1999 bearing Title Appeal No. 24 of 2005 also got

dismissed.

I have heard learned counsel for the petitioner and

perused the materials available on record. It transpires that the

respondent Nos. 1 and 2/plaintiffs have filed the suit for

partition based upon their claim that they have born out of the

relationship between Paro Devi and Bhagwati Charan Sah. The

amendment petition has been filed by way of clarification that

Patna High Court C.Misc. No.668 of 2022(2) dt.17-11-2022

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subsequently Paro Devi and Bhagwari Charan Sah got married.

The amendment has been allowed by the impugned order. The

merit of the amendment cannot be seen at this stage. The

amendment which has been allowed, is pre-trial amendment and

the same shall not prejudice the case of the petitioner/defendant.

In view of the aforesaid, in my opinion, no interference

with the impugned order is required by this Court.

Accordingly, this application stands dismissed.

S.Ali/-

(Anil Kumar Sinha, J)

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