IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.685 of 2006 JAG TARAN DEVI & ORS Versus SMT.SUMITRA DEVI & ORS ----------- 3 24/10/2008 Heard counsel for the petitioners and counsel for the opposite parties. There seems to be serious dispute on the fact as to whether petitioners in this case were ever represented in the final decree proceedings and/or were served with a copy seeking amendment in the application filed by the plaintiffs-opposite parties under order VI Rule 17 of the Code of Civil Procedure. At least, from the impugned order it is not clear as to whether petitioners were also heard or not, though Mr. Yogendra Mishra, learned counsel appearing on behalf of the plaintiffs, opposite parties by referring to certain orders annexed to his counter affidavit, would seriously contend that the defendant- petitioners and/or their counsel appearing in the court below were not only served with a copy of the petition seeking amendment but such order was also passed after giving opportunity of hearing to them. 2 In view of the fact that there are more than one defendants in the final decree proceedings and the order in question invariably only refers to the defendants, it would be difficult for this Court to go into those question of facts. Accordingly, this civil revision application is disposed of with the following directions:- I. In the event it is found that copy of the amendment application was served on the defendant-petitioners and/or their counsel and they were also heard before passing of the impugned order that would be end of the matter and the impugned order will not be varied in any manner; II. In case it is found that the petitioners were represented and have made false statement before this Court, the court 3 below will initiate action against them under section 340 of the Code of Criminal procedure. III. In the event however it is found that the petitioners were not represented by any counsel and copy of the amendment application was also not served on their counsel, the court below will recall its order and would pass a fresh order within a period of three months from the date of receipt/production of a copy of this order after giving opportunity of hearing to the petitioners and/or their counsel; With the aforementioned observations/ directions this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar