SANJAY PAUL Vs. RAKESH CHANDRA DAS
LAWS(JHAR)-2019-8-59
HIGH COURT OF JHARKHAND
Decided on August 13,2019

Sanjay Paul Appellant
VERSUS
Rakesh Chandra Das Respondents

JUDGEMENT

SUJIT NARAYAN PRASAD,J. - (1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 13.06.2018 passed in Title Appeal Case No.11 of 2014 by the District Judge-IX, Jamshedpur as contained in Annexure-4 whereby and whereunder a petition dated 02.04.2018 filed under Order VI Rule 17 of the Code of Civil Procedure, has been rejected on the ground that the petitioner has failed to satisfy the trial court that as to why the amendment sought for has not brought on record at the time of filing of the plaint.
(2.) The brief facts of the case of the petitioner is that the Title Suit has been preferred being Title Suit No.11 of 2008 with a prayer for a decree for declaring the right, title and interest of the plaintiff/petitioner of party with respect to Stall No.31-C/1 measuring 8' x 10' tin-shed stall premises situated at Muri Line, Sakchi, P.S. Sakchi, Town Jamshedpur, District Singhbhum East, he having lost in the suit and as such he has preferred an appeal being registered as Title Suit No.11 of 2014.
(3.) The petitioner at the stage of appeal, has filed a petition on 02.04.2018 under the provision of Order VI Rule 17 of the Code of Civil Procedure seeking therein the following amendments sought to be made which reads hereunder as: i) Before the name and address of the existing Defendant the digit '1' be added. ii) After the name and address of the existing Defendant "Tata Steel Ltd., A Company incorporated under the Indian Companies Act, 1956 having its registered office at 24 Homi Modi Street Fort, Bombay and its works at Jamshedpur, District East Singhbhum"? be added as Proforma Defendant No.2 in this suit. iii) After the name and address of the Defendant No.2 "The State of Jharkhand, represented by the Deputy Commissioner, East Singhbhum at Jamshedpur, Bistupur, Town Jamshedpur, District east Singhbhum, Jharkhand added as Proforma Defendant No.3. iv) In the relief number after the words 'title and interest' and before the words 'of the plaintiff' the following words be added "of the State of Jharkhand and Tata Steel limited as lessee under the State of Jharkhand and the tenancy interest"? be added."? The said amendment having been rejected hence, the present writ petition has been filed. ;


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