IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4802 of 2008
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Samarjit Yadav and Ors ...... Petitioners
Versus
Jai Mangal Singh and Ors. .... ... Respondents
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Petitioners : Mr. Rohit Roy, Advocate
For the Respondent No.3 : Mr. Sohail Anwar, Sr. Advocate
Mr. Altaf Hussain, Advocate
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7 /12.07.2011
This writ application has been filed for quashing the order dated
24.06.2008 in Title Suit No.79 of 1997 passed by learned Munsif, Bokaro
whereby he dismissed the application of petitioner for amendment of plaint.
Petitioner has filed an application under Order VI Rule 17 C.P.C. to
amend the plaint at paragraph no.6 to the extent that in the 7th line, the words
“south western corner” be deleted and in its place “middle portion of the
area 33 decimal” be inserted.
It is submitted by Sri Rohit Roy, learned counsel for the petitioners
that petitioners want to amend the plaint with a view to give the correct
description of the suit land and by doing so the nature of the suit will not change.
He further submits that by the said amendment, no prejudice will be caused to
the defendants. Moreover, if defendants so desire, they can file further written
statement with respect to the amendment in its rebuttal.
Sri Sohail Anwar, learned senior counsel appearing for respondent
no.3 submits that by the proposed amendment, in fact, plaintiffs want to
enhance the area of land, for which they claim declaration. It is submitted that in
the plaint, plaintiffs have prayed for declaration of their right, title and interest on
11 decimals of land, whereas by amendment they want that their right, title and
interest be declared by 33 decimals of land.
Having heard the submission, I have gone through the amendment
application as well as the plaint. From perusal of amendment application, it
appears that plaintiffs have not made any prayer for amendment of Schedule D
of the plaint, nor there is any prayer for amendment of prayer portion of the
plaint. The only prayer is made in the said application is for deletion of the
words “south western corner” in the 7th line of paragraph no.6 and for inserting
the words “middle portion of the area 33 decimal” in its place. By the said
amendment, it does not appear that the prayer of plaintiffs will be changed.
It further appears that the said amendment, sought by plaintiffs is
only with a view to give the correct description of the suit land. The Hon’ble
Supreme Court, in a decision reported in 2008 (3) SCC page 717, has held that
such prayer of amendment can be allowed subject to payment of cost.
2.
Considering the aforesaid judgment of the Hon’ble Supreme Court,
I allow this writ application and quash the impugned order dated 24.06.2008 in
Title Suit No.79 of 1997 passed by learned Munsif, Bokaro and direct the court
below to allow the amendment subject to payment of cost of Rs.5,000/-.
It is made clear that if defendants want to file any written statement
in rebuttal of amendment, they can do so within fifteen days from the date of
amendment.
(Prashant kumar, J)
R.K.