LAWS(JHAR)-2024-7-6

KHAGESHWAR RANA Vs. SUNDRI DEVI

Decided On July 03, 2024
Khageshwar Rana Appellant
V/S
SUNDRI DEVI Respondents

JUDGEMENT

(1.) Learned counsel for the petitioners and learned counsel for the respondent No.1 are present.

(2.) No one appears on behalf of the respondent Nos.2 to 13 despite service of notice to them.

(3.) Learned counsel for the petitioners has submitted that the plaintiff has instituted the suit for partition bearing Partition Suit No.21 of 2005 and the suit was decreed in favour of the plaintiff on 30/1/2009 and the preliminary decree was directed to be drawn in regard to the plots of land as shown in the plaint. The decree was also prepared on the basis of the judgment and, during the final decree proceeding, the petitioner-plaintiff came to know that certain plots have wrongly been mentioned in the judgment and decree itself and one plot has wrongly been mentioned twice while the correct plot number and area is mentioned in the plaint, as such, the mistake was typographical, therefore, the petitioners have moved the amendment application before the Court of learned Civil Judge, Sr. Division-VI, Hazaribag but the amendment application was rejected by the learned Trial Court vide order dtd. 29/1/2015, aggrieved from the order dtd. 29/1/2015, this writ petition has been filed on behalf of the petitioners.