LAKHAN SAO Vs. MOST.LAXMI DEVI

JUDGEMENT

(1.) THE present writ petition has been preferred under Article 227 of the Constitution of India against an order passed by the Sub Judge -I, Chatra in an application preferred by the present petitioner (original plaintiff) under Order VI Rule 17 of the Code of Civil Procedure in Title Suit No. 1 of 2004 whereby an amendment application, preferred by the present petitioner, was dismissed and therefore, the present petition has been preferred.

(2.) I have heard counsel for the petitioner as well as counsel for the respondent no. 3. Though other respondents are served, nobody appeared on their behalf. Counsel for the petitioner submitted that vide amendment application which is at Annexure -6 to the memo of the present petition, there was some typographical errors in the plaint and therefore, an application was filed under order VI Rule 17 of the Code of Civil Procedure to be read with Section 151 of the Code of Civil Procedure so that when the decree is passed in favour of the original plaintiff there may not be any difficulty in the execution of the decree. It is also submitted by the counsel for the original plaintiff that by the amendment application preferred by the original plaintiff, there will not be any change in the nature of the suit. It is also submitted by the counsel for the petitioner that prior to the stage of taking an evidence, the application was preferred for amendment and even on today, no evidence has been started in the aforesaid Title Suit. The trial court has not properly appreciated this fact of the matter and hence, the impugned order deserves to be quashed and set aside. It is also submitted by the counsel for the petitioner that earlier application preferred under Order VI Rule 17 of the Code of Civil Procedure was for absolutely another purpose. Internally some of the defendants have sold the suit property to other defendants and therefore, earlier application was preferred, but, the present amendment application which is at Annexure -6 to the memo of the present petition is for correction of some typographical errors as stated in Schedule -I in the said application. Thus, previously the application has nothing to do with the present amendment application which is at Annexure -6 to the memo of the writ petition. This aspect has also not been properly appreciated by the trial court and hence, also the order passed by the trial court deserves to be quashed and set aside.

(3.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order passed by the Sub Judge -I, Chatra in Title Suit No. 1 of 2004 below an application preferred by the petitioner under Order VI Rule 17 of the Code of Civil Procedure to be read with Section 151 thereof, mainly for the following facts and reasons: -