IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13222 of 2011
Rajeev Kumar
Versus
The Civil Court,Gaya Through I
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3. 23.08.2011 Heard the learned senior counsel Mr. Surendra
Kumar Singh on behalf of the petitioner.
This application has been filed by the
petitioner-petitioner against the order dated 18.6.2011
passed by the Additional District Judge, Fast Tract Court
– III, Gaya in Probate Case No. 45 of 2009 whereby the
learned court below rejected the application filed by the
petitioner for amendment of the plaint by deleting two
words ‘separately’ occurring in paragraph 2 of the
probate application.
It appears that at paragraph 2 in 9th line and
11th line ‘separately’ word is occurring. According to the
learned senior counsel these two words ‘separately’ are
unwarranted and surplus and, therefore, prayer was
made for deleting the said words but the learned court
below refused to do so. According to the learned
counsel because of deletion of the said words the
nature of the proceeding will not change nor the case of
the petitioner will be changed.
It appears that this is a probate case and
because of deletion of the said words occurring in
paragraph 2 in 9th line and 11th line neither the nature
of the proceeding will be changed nor the case of the
petitioner will be changed and in my opinion it is only a
formal amendment. It further appears that the
petitioner is not seeking to withdraw any admission
made by him.
In such view of the matter this application
under Article 227 of the Constitution of India is allowed
and the impugned order is set aside and the
amendment application filed by the petitioner is
allowed.
S.S. (Mungeshwar Sahoo,J.)