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Patna High Court - Orders

Tarni Yadav vs Bhuna Yadav & Ors on 7 December, 2016

Author: Mungeshwar Sahoo

Bench: Mungeshwar Sahoo

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CIVIL MISCELLANEOUS JURISDICTION No.1282 of 2016
                 ======================================================
                 Tarni Yadav
                                                                    .... .... Petitioner
                                               Versus
                 Bhuna Yadav & Ors
                                                                .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s  :   Mr. Umesh Prasad, Advocate
                 For the Respondent/s   : Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO
                 ORAL ORDER

2   07-12-2016

Learned counsel for the petitioner submitted that in the plaint the plot number has wrongly been typed which could be detected at the time of argument of the case. The petitioner is claiming title on the basis of settlement deed and the description of the suit property has been described correctly in the sale deed of the defendant. Therefore, the plaintiff filed the amendment application but the court below by the impugned order has rejected the same without considering that the petitioner is not praying for amendment bringing new fact but it is in the nature of correction only.

Issue notice to respondents in admission matter for which the petitioner shall file the necessary requisites in ordinary process as well as registered post both within two weeks. Peremptory.

On the prayer of the learned counsel for the Patna High Court C.Misc. No.1282 of 2016 (2) dt.07-12-2016 2/2 petitioner, in the meantime, the further proceeding in T.S. No. 50 of 2010, pending in the court of Sub-Judge-I, Jamui shall remain stayed.

(Mungeshwar Sahoo, J.) ravi/-

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