[Cites 1, Cited by 0]
Jharkhand High Court
Sunil Kumar vs Manoj Kumar on 4 December, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:36521
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 1116 of 2025
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1. Sunil Kumar
2. Sanjay Kumar
3. Vijay Kumar
4. Pankaj Kumar
5. Chandan Kumar
6. Kanchan Kumar Jaiswal
All sons of Late Ashok Prasad Sao @ Ashok Prasad
7. Poonam Devi, daughter of Late Ashok Prasad Sao
8. Sushila Devi, wife of Late Ashok Prasad Sao
All residents of Village Lotdag, P.O. Lotdag, P.S. Meral,
District Garhwa, Jharkhand.... .... .... Petitioners
Versus
1. Manoj Kumar, son of Onkar Prasad
2. Satish Prasad, son of Late Badri Sao
3. Binod Kumar Gupta
4. Binay Kumar Gupta
5. Subodh Kumar Gupta
Nos. 3 - 5 are sons of Late Nandlal Sao
All residents of Village Tandwa, P.O. and P.S. Garhwa, District Garhwa
6. Sarla Devi, wife of Ram Narayan Gupta and daughter of Nandlal Sao,
C/o Hari Narayan Sahu, resident of Ishwarganj, Awashanganj, near
Talab, P.O. and P.S. Awashanganj, District Varanasi (Uttar Pradesh)
7. Sushila Devi, wife of Dr. Gopal Gupta, daughter of Nandlal Sao, resident
of Sarrath Plywood and Glass Store, Ashapuri Sarnath, P.O. and P.S.
Ashapuri, Varanasi, District Varanasi (Uttar Pradesh)
8. Garima Gupta
9. Suman Gupta
Nos.8 and 9 are daughters of Subhash Chandra Gupta
10. Bhanu Gupta, son of Subhash Chandra Gupta
Nos.8 to 10 are residents of Sarrath Plywood and Glass Store, Ashapuri
Sarnath, P.O. and P.S.Ashapuri, Varanasi, District Varanasi
(Uttar Pradesh)
11. Indu Gupta, wife of Vinod Gupta and daughter of Nandlal Sao, resident
of M/s Sarnath General Store, Golchakkar, Ashapuri, P.O. and P.S
Ashapuri, Varanasi, District Varanasi (Uttar Pradesh)
12. Vijay Kumar
13. Ajay Gupta
14. Anup Gupta
Nos.12 to 14 are sons of Late Ram Chandra Sao
15. Meera Kumari
16. Urmila Kumari
17. Sharmila Kumari
18. Renu Kumari
Nos.15 to 18 are daughters of Late Ram Chandra Sao
Nos.12 to 18 are residents of Village Tandwa, P.O. and P.S. Garhwa,
District Garhwa (Jharkhand)
.... .... .... Opposite Parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Amar Kumar Sinha, Advocate
Mr. Sandeep Verma, Advocate
Mr. Sumit Kumar, Advocate
For the Opp. Parties :
2025:JHHC:36521
Order No.02 / Dated : 04.12.2025
Petitioners are the plaintiffs in Title Suit No.44/2001 which was filed for
the following reliefs: -
I. For declaration that suit land was part and partial of the co- parcenary
occupancy Raiyati land of the plaintiffs and the plaintiffs had title and
possession over the suit land.
II. For a declaration that sale deeds executed in the year 1934, 1941 and 1944
were ab initio void and defendants acquired not right, title or interest by
virtue of these sale deeds.
2. The suit was dismissed by the trial Court vide judgment dated 17.01.2008
against which plaintiffs preferred appeal being Civil Appeal No.15/2020. In the
said appeal, plaintiff filed an application for amendment in the plaint under Order
VI Rule 17 read with Section 151 of the CPC for the proposed amendment.
3. The learned first Appellate Court has dismissed the amendment petition
vide order dated 17.06.2025 inter alia on the ground that the plaintiffs/appellants
under the garb of amendment, were trying to set-up a new case at the appellate
stage. No explanation was even given for the delay in bringing the said
amendment petition.
4. It is argued by the learned counsel on behalf of the petitioners that
amendment will not change the nature of the suit.
5. This Court is not impressed by the argument advanced on behalf of the
petitioners. The amendment inter alia seeks to add the necessary parties, who
were not parties in the trial Court, it further introduces land which did not formed
part of schedule land in the plaint. And all this without any explanation for the
delay to file it at the appellate stage. In this view of matter, this Court is of the
view that there is no infirmity in the impugned order.
Civil Miscellaneous Petition accordingly, stands dismissed. Pending
Interlocutory Application, if any, is disposed of.
(Gautam Kumar Choudhary, J.)
Anit
