High CourtsSingle Bench

Ugra Narain Jaiswal vs Uttama Devi and Others

Jharkhand High Court · Decided on 23 November 2005 · Citation: (2006) 1 JCR 328

HON’BLE JUDGES
M.Y. Eqbal, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 5078 of 2005
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Judgment

4 paragraphs · 133 words

M.Y. Eqbal, J.—Heard the parties.

2.

The petitioner confines this writ application only against the order dated 22.8.2005, passed by the 1st Sub-ordinate Judge, Godda, in Title Suit No. 37 of 1985, whereby he has allowed the amendment in the written statement sought for by the defendant Nos. 2 to 12.

3.

After considering the nature of the amendments sought for by the defendants, I am not inclined to interfere with the impugned order. This writ application is, accordingly dismissed.

4.

However, when the amendment of the pleadings as has been, allowed, the Court below ought to have given liberty to the petitioner to controvert the amended pleadings. In the circumstance without interfering with the impugned order, the petitioner shall have the liberty to file an affidavit in rebuttal of the amended pleadings.