IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22384 of 2011 ====================================================== Baidnath Prasad S/O Rambhuvan Sah Resident of Village +P.O+P.S- Isuapur and Dist. Saran. .... .... Petitioners Versus 1. The State of Bihar through Chief Secretary, Old Secretariat Govt. of Bihar, Patna (Bihar.) (deleted) 2. Deonath Sah S/O Late Malusah, Resident of Village +P.O+P.S- Isuapur and Dist- Saran. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Shiv Shankar Prasad Yadav, Advocate For the Respondent State: Mr. Ajay, S.C.-11 For the Respondent No.2: Mr. Shrinandan Prasad Singh, Advocate Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 22-12-2011 Learned advocate Mr. Shiv Shankar Prasad Yadav appears for the petitioner. He states that the respondent no.1 State of Bihar has wrongly been impleaded. He, therefore, seeks leave to delete the State of Bihar from the cause title of the Petition. Leave is granted. The State of Bihar be deleted from the cause title of the Petition. Necessary correction will be made within two weeks from today. This petition under Article 227 of the Constitution is filed by the defendant in Title Suit No.25 of 1993 pending in the Patna High Court CWJC No.22384 of 2011 (3) dt.22-12-2011 2 / 2 2 Court of Munsif, Saran against the order dated 2nd August 2011 made on Misc. Case No. 1 of 2008. Learned advocate Mr. Shiv Shankar Prasad Yadav has appeared for the petitioner. He states that in a suit pending since 1993 and decided in January 2011, the Court below has made impugned order permitting the plaintiff to amend the pleadings after the suit is decided. On perusal of the record it appears that the above Title Suit No.25 of 1993 has been decided and a decree has been passed in favour of the plaintiff on 14th January 2011. Pending the suit the plaintiff had filed Misc. Case No. 1 of 2008 under Order 39 Rule 2-A CPC for breach of interim injunction granted by the Court pending the suit. In the said application, the plaintiff moved application for amendment for incorporating the specific date of violation of injunction. The said amendment has been allowed on 2nd August 2011. Therefore, this Petition. It is not in dispute that although the suit has been decreed, the aforesaid Misc. Case No.1 of 2008 filed under Order 39 Rule 2-A CPC is still pending. Obviously, the amendment sought was a formal amendment without affecting the tenor of the application; nor the defendant-the present petitioner has suffered any prejudice on account of such amendment. No case for interference is made out. Petition is dismissed in limine. Pawan/- (R.M. Doshit, CJ)