Serial Date of order Order with the signature of the Court Office action

No. of proceeding taken with date

O.S. 01/2020
M.C.A. 206/2024

1 2 3 4
Bipin Munda and others ..... Plaintiff

Versus
Baby Devi & Others….... Defendants

For the plaintiff:- Sri Chandra Oraon, Advocate.

For the defendant:- Ex-Party
Order

14.03.2024 The case record is fixed for passing order today on

petition dated 09.02.2024 filed on behalf of the plaintiff
under order 6 rule 17 r/w Section 151 of the C.P.C.
Attendance on behalf of the plaintiff has been filed through
their learned counsel. Suit is running ex-parte against the
defendant.
Learned counsel for the plaintiff submitted through
the said petition filed under order 6 rule 17 r/w 151 of
C.P.C. that in this case due to typing mistake inadvertently
it was found that the cause of action was not mention in the
plaint. He further submitted recently in the month of
October, 2019, it has come within the knowledge of the
plaintiff that the defendants has entered into an agreement
in favour of other persons without the consent of the
plaintiff and they are trying to capture the lands in suit. He
further submitted that the cause of action is necessary in any
suit and hence in this case the same needs to be added. He
further submitted that the proposed amendment will not
change the nature of the suit and are essential for just
decision of the case. It is therefore prayed that the said
petition for amendment may be allowed and amendment as
prayed in page 12, para 27 of the plaint a new fresh para 27
(a) be added after para 27 which read as follows “That in
page 12, para 27 of the plaint, a new fresh Para 27(a) be
added as following; “That the cause of action for the suit
arose on October, 2019, the defendants entered into the land
agreement into the favour of some other persons and that
Serial Date of order Order with the signature of the Court Office action
No. of proceeding taken with date
O.S. 01/2020
M.C.A. 206/2024

1 2 3 4

Contd….. too without taking he consent from the plaintiff, they were
14.03.2024 trying the capture the land in suit. Then the plaintiff
protested, but all went in vein and lastly the cause of action
happened on 4th December 2019, the plaintiff demanded
half share of the property from the defendants , then the
defendants not heed towards the request of the plaintiff.
Then, the necessity of the partition suit for the half share of
the property”.
Heard learned counsel for the plaintiff. Perused the
record as well as the petition filed under order 6 rule 17.
The original suit is running ex-parte against the defendants.
The original suit is fixed for evidence of plaintiff. The
plaintiff seeks amendment of para 27 (a) as mentioned in
the petition which is all formal in nature and will not
change nature of the suit.
Considering the above facts and submission by
learned counsel of the plaintiff the amendment petition filed
in M.C.A. 206/2024 is hereby allowed on a cost of Rs.
3000/- (Three thousand) to be deposited in Nazarat, Civil
Court Ranchi. The plaintiff shall incorporate the proposed
amendment as mentioned in para 27(a) of the petition in
cause title of the original plaint within 15 days.
Accordingly M.C.A 206/2024 is disposed off as
allowed. Office is directed to tag the M.C.A. with original
suit 01/2020 after compliance.
(Dictated)

(Ruchi Dayal)
Sub-Judge VII, Ranchi
Ranchi.