JHARKHAND HIGH COURT ISSUES ORDER ON AMIT MULTIPLEX AND ANOTHER V/S SAVITRI DEVI PROPERTIES AND OTHERS

RANCHI, India, May 28 -- Jharkhand High Court issued the following order on April 28:

1. The notice upon the opposite parties have already been effected, however, nobody has appeared on behalf of the opposite parties and in view of that one more opportunity was provided to them and this matter was adjourned on 20.02.2025, in spite of that nobody has appeared on behalf of the opposite parties till date, as such this petition is being heard in absence of the opposite parties.

2. Heard Mr. Amar Kr. Sinha, learned counsel appearing for the petitioners.

3. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 01.02.2020 passed by learned Sub Judge-VII, Ranchi in Misc. Civil Application No.15 of 2020 (arising out of Original Suit No.691 of 2016).

4. Mr. Amar Kr. Sinha, learned counsel appearing for the petitioners submits that the Original Suit No.691 of 2016 was instituted by the petitioners who are the plaintiff for cancellation of Sale-Deed No.1136/859 dated 05.03.2013 with respect to the third floor and the agreement dated 21.08.2012 with respect to 4th and 5 th Floor of the "Aniketa Mall" situated at Mauza Chadri, P.S. Kotwali, District Ranchi. He further submits that in the said case the defendants were noticed and they have appeared and filed their written statement and the matter has proceeded further. He then submits in the previous proceeding, a petition under Order VI Rule 17 of the C.P.C. has been filed by the defendants who are the opposite parties herein to amend the written statement filed by the defendants which has been allowed by the learned Court vide impugned order saying that the amendment is formal in nature. He submits that the learned Court has erred in observing the same in view of the fact that in their written statements, statement of accounts are different and by way of the amendment, the entire admission made therein has been sought to be withdrawn which is prejudicing the case of the petitioners herein. He submits by way of allowing the said amendment, the learned Court has allowed to change the nature of the suit completely. He submits that the said order may kindly be set aside.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfC2bVuiwJMLtptcBgS2A7%2BJfjFC7u5eWHp2Ccyuyhdut&caseno=C.M.P./300/2022&cCode=1&cino=JHHC010206202022&state_code=7&appFlag=)

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