IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16517 of 2011
Samiya Devi & Ors
Versus
Koushlendra Kumar Choudhary &
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02. 22.09.2011. The learned counsel for the petitioner
submitted that the eviction suit is of the year 1987. By
the impugned order, the learned Court below applied
the Proviso added in Order 6 Rule 17 of the Code of
Civil Procedure by Amendment Act No.22 of 2002 from
1st July, 2002 and rejected the application for
amendment in the written statement on the ground that
the petitioner failed to satisfy the Court that in spite of
due diligence, he could not have raised the matter
before the commencement of trial.
Issue notice to the respondents in admission
matter. The petitioner shall take steps for notice in
admission matter in ordinary process for which the
necessary requisites must be filed within one week after
Durga Pooja holidays. Peremptory.
In the meantime, the further proceeding in
eviction suit No.12 of 1987 converted to title suit No.20
of 2011 pending in the Court of Munsif, Dalsingsarai
shall remain stayed.
Sanjeev/- (Mungeshwar Sahoo,J.)