Munarik Mahto@Mundria Prasad vs Ranjeet Kumar Patel
2025 Latest Caselaw 2421 Patna

Patna High Court

Munarik Mahto@Mundria Prasad vs Ranjeet Kumar Patel on 25 March, 2025

Author: Arun Kumar Jha

Bench: Arun Kumar Jha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
            CIVIL MISCELLANEOUS JURISDICTION No.324 of 2023
     ======================================================
1.    Munarik Mahto@Mundria Prasad S/o Late Raghun Mahto Resident at
      Village- Nonhi Math, P.S.- Kako, District- Jehanabad (Bihar).
2.   Sukhnandan Mahto @ Sukhnandan Prasad S/o Late Raja Mahto Resident at
     Village- Nonhi Math, P.S.- Kako, District- Jehanabad (Bihar).
3.   Prajanand Mahto @ Praja Mahto S/o Gorun Mahto Resident at Village-
     Nonhi Math, P.S.- Kako, District- Jehanabad (Bihar).

                                                              ... ... Petitioner/s
                                        Versus
1.   Ranjeet Kumar Patel S/o Shuklanand Resident of Village- Nonhi Math, P.S.-
     Kako, District- Jehanabad (Bihar).
2.   Umesh Kumar Patel S/o Shuklanand Resident at Village- Nonhi Math, P.S.-
     Kako, District- Jehanabad (Bihar).

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Rajnish Kumar, Advocate
     For the Respondent/s   :      Mr.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
     ORAL JUDGMENT
      Date : 25-03-2025

                  Heard learned counsel appearing on behalf of the

      petitioners.

                  2. The petitioners are aggrieved by the order dated

      09.11.2022

passed by learned Civil Judge (Jr. Div.), Jehanabad

in Title Suit No. 26 of 1998 whereby and whereunder the

learned trial court dismissed the petition filed on behalf of the

defendants/petitioners under Order VI Rule 17 of the Code of

Civil Procedure (in short "the Code").

3. Perusal of the impugned order shows the issues in

the Title Suit No. 26 of 1998 were settled on 10.07.2007 and Patna High Court C.Misc. No.324 of 2023 dt.25-03-2025

when the application for amendment was filed, the matter was

fixed for final arguments. It further transpires that amendment

application was filed on behalf of the defendants with various

averments. The amendment application was filed without

satisfying the requirement of proviso to Order VI Rule 17 of the

Code as no due diligence has been shown for not bringing the

amendment prior to commencement of trial. The impugned

order is a speaking order and the learned trial court has

considered each and every aspect of the matter and I do not find

any infirmity in the impugned order hence the same is affirmed.

4. Finding no merit in the present petition, the same is

dismissed.

(Arun Kumar Jha, J) Anuradha/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          25.03.2025
Transmission Date       N/A