SHEOLI HATI Vs. SOMNATH DAS
LAWS(JHAR)-2015-7-155
HIGH COURT OF JHARKHAND
Decided on July 21,2015

Sheoli Hati Appellant
VERSUS
Somnath Das Respondents

JUDGEMENT

- (1.) 03/21.07.2015 Aggrieved by order dated 13.05.2015 in Guardianship Case No. 11 of 2012 whereby, the application under Order VI Rule 17 C.P .C. r/w Section 151 C.P filed by the petitioner has been dismissed, the present writ petition has been filed.
(2.) In Guardianship Case No. 11 of 2012, the petitioner is oppositeparty. Pursuant to order passed by the Hon'ble Supreme Court in Transfer Petition (Civil) No. 1277 of 2011 the Guardianship Case was transferred to the Court at Jamshedpur. The oppositeparty appeared in the suit and filed her written statement on 27.08.2012. The plaintiff examined two witnesses however, he could not conclude his evidence by 20.04.2013 and the trial court closed the plaintiff's evidence. Thereafter, the defendant examined three witnesses and the daughter of the parties was also examined by the court. On 07.11.2014, evidence of the parties was closed and the matter was posted for final hearing on 19.11.2014. On 21.02.2015, argument of the opposite party/petitioner herein was concluded and on 27.02.2015, plaintiff's argument was concluded. The parties filed written notes of argument and the matter was posted on 07.04.2015 when CD/DVD clippings were displayed to the parties. Thereafter, application dated 27.04.2015 was filed by the opposite partywife under Order VI Rule 17 C.P.C. for incorporating the following amendment : (a)"That since the year 2011 the petitioner was coming to Jamshedpur, East Singhbhum not only to meet his daughter Aditi Bishaka as per the terms and conditions arrived at between the parties in A.B.A. No. 518/2009 before the Hon'ble High Court of Jharkhand at Ranchi. The petitioner was also coming to Jamshedpur for his project as the Manipal Groups of Medical Associations were launching Manipal Group of Medical College in Baridih, Jamshedpur, East Singhbhum. (b)That the main intention of the petitioner was not visitation but to proceed with the project work with regard to the Manipal Medical Groups to be launched in Baridih, Jamshedpur, East Singhbhum".
(3.) The said application has been dismissed vide order dated 13.05.2015. Aggrieved, the petitionerwife has approached this Court by filing the present writ petition.;


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