HARIHAR NATH RAI Vs. MOST. DEVMUNI KUER

JUDGEMENT

(1.) Heard Mr. Shashi Shekhar Dwivedi, learned Senior counsel appearing for petitioner and Mr. J.S. Arora, learned Senior counsel appearing for respondents.

(2.) This Civil Misc. Application has been filed under Article 227 of the Constitution of India against the order dtd. 24/5/2019 passed by learned Additional District Judge-II-Saran in Title Appeal No. 18 of 1997 by which the learned Court below has rejected the amendment petition dtd. 27/11/2018 filed by the petitioner / appellant.

(3.) The petitioner was plaintiff in the trial Court who had filed Title Suit bearing Title Suit No. 325 of 1987 in the Court of Sub-Judge-1, Chapra praying for a decree for permanent injunction restraining the defendants from obstructing the plaintiff in joint use and occupation of suit properties or from dispossessing the plaintiff from the same. The original defendant Nos. 1 to 3 (ancestor of respondent 1st set) filed written statement and contested the suit. After completion of trial of the suit, the learned Court of Sub-Judge-2, Chapra dismissed the suit vide judgment and decree dtd. 21/1/1997. The plaintiff / petitioner has filed Title Appeal bearing Title Appeal No. 18 of 1997 against the said judgment and decree dtd. 21/1/1997.