High Court Patna High Court - Orders

Chandradeo Singh vs Hare Ram Sah &Amp; Ors. on 13 August, 2010

Patna High Court – Orders
Chandradeo Singh vs Hare Ram Sah &Amp; Ors. on 13 August, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   C.R. No.2077 of 2009
                   CHANDRADEO SINGH son of Babu Lal Singh, resident
                   of village Hadsar Pergana Bal, Police Station Daraunda,
                   District Siwan, ...                  ... Defendant/Petitioner
                                            Versus
                  HARE RAM SAH & ORS. ... Opposite Parties
                   For the Petitioner: Mr. Sarvadeo Singh, Advocate
                                          -----------

2 13.08.2010 Heard learned counsel for the petitioner.

After some argument, learned counsel for the

petitioner seeks permission to withdraw this civil revision.

However, it is submitted that since the plaint has

been amended the defendant-petitioner has also got a right

either for filing a petition for amendment in his written

statement or for filing additional written statement with

regard to the amendment which has been brought in the plaint

and also to raise the question of maintainability of the suit.

Permission is accorded.

As a result, this civil revision is dismissed as

withdrawn.

However, this order will not come in the way of

the petitioner in taking the leave of the court concerned either

for filing additional written statement or for amendment in his

existing written statement with regard to amended part of the

plaint and also raising a question of maintainability of the suit
2

in view of the statement made in the amended plaint. If such

petitions are filed, the court concerned should consider and

dispose of the same in accordance with law.

SC                         ( Dr. Ravi Ranjan, J.)