-1- IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 393 of 2024 Smt. Geetashree Oraon, (aged about 56 years), w/o Dr. Arun Kumar Oraon, by Caste Oraon, by Religion - Sarna, resident of Vasanti', Hehal Bagicha Toli, P.O. - Hehal, P.S. -Sukhdev Nagar, District - Ranchi, Jharkhand. ..... … Petitioner Versus Akhil Bhartiya Adivasi Vikas Parishad, Parishad Bhawan Lohardaga Road, P.O. & P.S. Ratu, District Ranchi represented through Mahadeo Oraon son of Late Tula Oraon, Resident of Village-Lupunga, P.O. and P.S.-Chanho, District-Ranchi, Jharkhand. ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Prashant Kumar Shrivastava, Advocate. For the O.P. : Mr. Rahul Kumar Gupta, Advocate. : Mr. Rakesh Kumar Singh, Advocate. ------ 06/ 24.03.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the sole opposite party. 2. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the order dated 05.02.2024, passed in M.C.A. No. 1163 of 2023, by the learned Civil Judge (Sr. Div.)-II, Ranchi, which was filed in Civil Misc. Case No. 17 of 2022 under Order-VI, Rule-17 read with Section 151 of the CPC, whereby, the amendment has been allowed. 3. Learned counsel appearing for the petitioner / defendant submits that the Original Suit No. 144 of 2011 was dismissed for default on 29.08.2017, which was instituted by the plaintiff/opposite party. He submits that thereafter restoration application was filed before the learned court after the delay of more than 1750 days, which was -2- registered as MCA No. 1163 of 2023. He further submits that in that case, the learned court has called upon the parties to lead the evidence in MCA No. 1163 of 2023. He submits that Civil Misc. Case No. 17 of 2022 has been filed under Order-VI Rule-17 read with Section 151 of the CPC, which was allowed by the learned court. He submits that on the basis of statement made in MCA No. 1163 of 2023, the Joint Secretary of the plaintiff namely Charo Oraon has died and it was not in the knowledge, in view of that the Misc. Case was lodged, however, later on amendment petition was filed saying that inadvertently that has occurred, however, the said Charo Oraon has not died and he has only resigned as a Joint Secretary of the Akhil Bhartiya Adivasi Vikas Parishad, Parishad Bhawan, Lohardaga. He then submits that in view of that the learned court has wrongly allowed the petition. 4. Learned counsel appearing for the sole opposite party has opposed the prayer and submits that the prayer for amendment is formal in nature and nothing has been changed and further evidence is being led and that can be proved in deciding the Misc. Case and even the original suit is not restored as yet. 5. From the impugned order, it appears that the learned court has found that the said amendment is formal amendment, in view of that he has been pleased to allow the same at the cost of Rs. 500/-. Admittedly, the original suit was dismissed for default and for restoration of the same, restoration application has been filed, wherein the ground has been taken of the death of the Joint Secretary of Akhil Bhartiya Adivasti Vikas Parishad, however, later on it transpires that the said Joint Secretary has not died and the same has inadvertently been stated and pursuant to that a petition has been filed to that effect. 6. The learned court is in sesin with the matter and the -3- evidence is being led in the restoration case, which has been filed for restoration of the original suit and that can only be proved by way of leading the evidence by the parties. It appears that the amendment sought for is formal in nature, as such, there is no illegality in the impugned order and further there is no merit in this petition, accordingly, this petition is dismissed. (Sanjay Kumar Dwivedi, J.) Amitesh/-