IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1291 of 2006
RAMA NAND YADAV @ CHAUDHARY @ RAMAND CHAUDHARY, SON
OF LATE SUBH NARAIN CHAUDHARY, RESIDENT OF VILLAGE- PATHAR DAI, POST
OFFICE AND POLICE STATION- JIRADAI, DISTRICT- SIWAN :--- PETITIONER .
Versus
1. THE STATE OF BIHAR
2. VIDYARTHI YADAV.
3. RAGHO YADAV.
4. MAHENDRA YADAV, 2,3,4 SONS OF LATE PARMA YADAV.
5. COLLECTOR YADAV
6. DAROGA YADAV, 5,6 SONS OF RAM BRAI YADAV.
NOS. 2 TO 6 ARE RESIDENT OF VILLAGE- PATHAR DAI, POST OFFICE
AND POLICE STATION- JIRADAI, DISTRICT- SIWAN :--- RESPONDENTS.
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2. 24.01.2011. Heard learned counsel for the
petitioner and the State.
2. Petitioner-plaintiff is aggrieved by
the order dated 01.08.2003 passed by
Munsif, 1st, Siwan in Title Suit No. 219 of
2001, Annexure-1, whereunder court below
has refused the prayer of the petitioner to
amend the plaint incorporating the incident
which took place over the lands-in-question
during the pendency of the suit between
28.01.2003-30.01.2003 and the bamboo
clumps, drain was removed therefrom.
3. Without interfering with the order
impugned, it is directed that the court below
should reconsider the submission of the
plaintiff to amend the plaint in the light of the
provisions contained in proviso to Section 34
-2-
of the Specific Relief Act, 1963 on the
undertaking of the petitioner that he shall
pay ad valorem court fee. Necessary order on
such request be passed by the court below
after hearing the defendants. Suit is of the
year 2001, in the circumstances, the court
below should not only reconsider the matter
within one month from the date of receipt of
this order but also ensure that in case relief
of amendment is allowed, the ad valorem
court fee is paid by the petitioner within
another one month. In any case the court
below will proceed with the matter so as to
conclude the suit within six months by
delivering judgment in the matter.
4. The writ application is,
accordingly, disposed of.
(V.N.Sinha,J.)
P.K.P.