Namita Prasad & Ors vs Ajay Kumar & Anr
2022 Latest Caselaw 3849 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       F. A. No. 255 of 2017
    Namita Prasad & Ors.                      .... .... Appellants
                           Versus
    Ajay Kumar & Anr.                         .... ...        Respondents
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CORAM : HON'BLE MR. JUSTICE DR. S.N. PATHAK

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For the Appellants : Mr. Shashank Shekhar, Advocate

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13/ 21.09.2022 On earlier occasion, notices were issued to the respondents.

Though service of notice on the respondents was valid, but they have

chosen not to appear in the appeal. Hence, this order is being passed in

their absence.

I.A. No. 795 of 2021

This interlocutory application has been filed for amendment

in the plaint.

It has been submitted by learned counsel for the appellants

that the plaintiff has instituted Title (Partition) Suit No. 138 of 2011 for

partition of the suit property exclusively owned by Late Mangal Prasad,

amongst other brothers. Though it was well known that the daughters of

Late Mangal Prasad, are necessary parties in the suit, they were

inadvertently not impleaded as party in the suit. Learned counsel submits

that for the ends of justice, they may be allowed to implead them in the

plaint. The proposed amendments have been made in paragraph-14 of this

interlocutory application. He further submits that if the proposed

amendments are not allowed, the appellants shall suffer irreparable loss

and injury and by allowing the proposed amendments, the nature of the

partition suit shall not be changed. In support of his contention, learned

counsel places heavy reliance upon the judgment of the Hon'ble Supreme

Court passed in the case of M/s Chakreshwari Construction Pvt. Ltd Vs.

Manohar Lal, reported in AIR 2018 SC (supple) 475, wherein, Their

Lordships allowed the amendment petition on the ground that same is

merely substituting name of tenanted shop and not introducing any fresh

cause of action or changing nature of original case. As such, learned

counsel submits that the proposed amendment may be allowed.

In the facts of this case, let the said amendment, as proposed

in para-14 of the interlocutory application, be incorporated in the plaint at

appropriate places.

The aforesaid interlocutory application stands allowed.

(Dr. S. N. Pathak, J.) R.Kr.