Patna High Court
Rajkumari Devi vs Smt. Subhanti Devi on 20 February, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.143 of 2025
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Rajkumari Devi, D/o- Late Daya Shankar Choubey, W/o- Krishan Nandan
Pandey @ Bhagmal Pandey, R/o- Noorpur, Patna City, P.S- Malsalami, P.O-
Patna City, District- Patna- 8.
... ... Petitioner/s
Versus
1. Smt. Subhanti Devi W/o- Ram Niwas Chaubey R/o- Village- Dhamania,
P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.
2. Ram Niwas Chaubey, S/o- Late Ram Pravesh Choubey R/o- Village-
Dhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.
3. Baleshwar Chaubey, S/o - Late Ram Pravesh Choubey, R/o- Village-
Dhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.
4. Jitendra Kumar Pandey, S/o- Dinanath Pandey, R/o- Village- Sheopur, P.S-
Agiaon (Garahani), District- Bhojpur, presently R/o- Village- Dhamania,
P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.
5. Most. Malti Kuer, W/o- Late Uma Shankar Chaubey R/o- Village-
Dhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.
6. Nand Kumar Choubey, S/o- Late Uma Shankar Chaubey R/o- Village-
Dhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.
7. Nitya Nand Choubey, S/o- Late Uma Shankar Chaubey R/o- Village-
Dhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.
8. Dharmendra Choubey, S/o- Late Uma Shankar Chaubey R/o- Village-
Dhamania, P.O- Garahani, P.S- Agiaon (Garahani), District- Bhojpur.
9. Most. Rita Kuer, W/o- Late Hirdya Nand Missir, D/o- Late Uma Shankar
Chaubey, R/o- Village- Paharpur, P.S- Agiaon (Garahani), District- Bhojpur.
10. Smt. Tetari Devi, W/o- Satrughan Upadhyay, D/o- Late Uma Shankar
Choubey, R/o- Village Khanet, P.S.- Pawan, District- Bhojpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Alok Ranjan, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 20-02-2025
The record taken up on mentioning being made on
behalf of the petitioner.
2. Heard learned counsel for the petitioner on the
Patna High Court C.Misc. No.143 of 2025 dt.20-02-2025
2/3
point of admission and I intend to dispose of the instant petition
at the stage of admission itself.
3. The petitioner is aggrieved by the order dated
12.09.2024
passed by the learned Additional District Judge-17,
Bhojpur at Ara in Title Appeal No. 15 of 2022 whereby and
whereunder the learned appellate court rejected the petition
dated 08.02.2024 filed by the petitioner under Order 6 Rule 17
of the Code of Civil Procedure for making amendment in the
plaint.
4. The learned counsel for the petitioner submits that
the impugned order has been passed without considering the
submission of the petitioner that the petitioner was shown to be
the daughter of some other person instead of Late Daya Shankar
Chaubey and the petitioner sought correction in the plaint which
was rejected. The learned counsel further submits that the
petitioner is respondent no. 9 and was defendant before the
learned trial court.
5. Perusal of record shows the present petition is filed
without any merit as is apparent from paragraph 8 of the
impugned order. The petitioner has been seeking amendment in
the plaint while she is defendant and the law does not permit a
party to seek amendment in the plaint of opposite party and this
Patna High Court C.Misc. No.143 of 2025 dt.20-02-2025
fact is made amply clear by the learned appellate court. Still the
petitioner chose to file the present petition which is completely
against the settled terms of law.
6. In the light of aforesaid facts and circumstances, I
do not find the impugned order suffers from any infirmity as the
same has been passed after due consideration and, therefore, the
same is affirmed.
7. Accordingly, the instant petition is dismissed being
devoid of any merit.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2025
Transmission Date NA
