SHEO TEMPLE AND IDOL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the order dated 17.12.2005 passed by the learned Munsif, Lohardaga in Title Suit No. 20 of 2001, whereby the learned Court below has refused to allow the amendment, sought for by the plaintiff -petitioner on the ground that the proposed amendment will change the nature and character of the suit and that the defendant will be prejudiced, as the trial has already been commenced and evidences of the witnesses have been closed.

(2.) LEARNED counsel for the petitioner submitted that the amendment sought for intended to correct the clerical errors and they are formal in nature. The plaintiff has not sought for any amendment for replacing any new relief against the defendant, neither any new case has been pleaded to the surprise of the defendant. Learned counsel submitted that without any application of mind, learned Court below has mechanically observed that the proposed amendment will change the nature and character of the suit.

(3.) NOTICE was issued to the respondent No. 5 while respondent Nos. 1 and 4 are represented through the Government counsel.