Upendra Manjhi And Anr vs Prakash Manjhi And Ors on 28 February, 2025

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passed by the learned Sub Judge-VI, Gopalganj in

Title Suit No. 589 of 2005, whereby and whereunder the learned

trial court rejected the amendment petition dated 27.04.2017

filed by the plaintiffs/petitioners under Order VI Rule 17 of the

Code of Civil Procedure (for short ‘the Code’).

03. Learned counsel for the petitioners submits that

the petitioners are the plaintiffs before the learned trial court and

they have filed Title Partition Suit No. 589 of 2005 for their

claim of half share of the suit property apart from other relief(s).

The matter proceeded and the plaintiffs adduced their evidence

and while the matter was at the stage of evidence of the

plaintiffs, the plaintiffs filed an application dated 27.04.2017

under Order VI Rule 17 of the Code for amendment in the

plaint. The defendants filed their rejoinder on 25.05.2017,

challenging the maintainability of the amendment petition. The

learned trial court, vide order dated 30.06.2017, rejected the

prayer made by the plaintiffs for amendment, which is under
Patna High Court C.Misc. No.1702 of 2017 dt.28-02-2025

challenge before this Court.

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