JALESHWAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing on behalf of the respondent/State.

(2.) This petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 19/2/2024 passed in M.C.A No.99 of 2024 arising out of Title Execution Case No.01 of 1997 by which the petition filed under Order VI Rule 17 read with Ss. 151, 152 and 153 of the CPC has been allowed by the learned court.

(3.) Mr. Niranjan Kumar the learned counsel appearing on behalf of the petitioner submits that earlier the defendants have moved before this Court in W.P.(C) No.8065 of 2012 for setting aside the order dtd. 27/4/2012 by way of filing a petition by the defendants for amendment was rejected. He submits that on 24/3/2022 a coordinate Bench of this Court has allowed the said petition and held that no prejudice will be caused to either of the parties and direction was issued to file a petition under Sec. 152 of the CPC. He submits that against the said order of the High Court, the petitioner herein has moved before the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No.10662 of 2022 which was dismissed by order dtd. 18/4/2023. He submits that thereafter the petition was allowed by the learned trial court. He further submits that under the wrong provision of law the said petition has been filed which has been allowed.