Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:23589 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 689 of 2025
1. Mrs. Sukhanti Toppo, W/o Late C.E.D. Vincent Toppo
2. Herold Toppo, Late C.E.D. Vincent Toppo
3. James Toppo, S/o Late C.E.D. Vincent Toppo All resident of New Garden, Siram Toli, Club Road, P.O & P.S. Chutia, District Ranchi
..... .... Petitioners
Versus
1. Smt. Bimla Toppo, W/o Late Jyotish Toppo
2. Rohit Toppo, S/o Late Jyotish Toppo
3. Rajni Toppo, D/o Late Jyotish Toppo
4. Neel Kanth Toppo, S/o Late Prabhu Sahay Toppo, All resident of New Garden, Siram Toli, Club Road, P.O & P.S. Chutia, District Ranchi
5. Deputy Commissioner, Ranchi, P.O. GPO, P.S. Kotwali, District Ranchi.
… …. Opposite Parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners
: Ms. Saibal Mitra, Advocate
Ms. Sangita Choudhary Mitra, Advocate
Ms. Deepa Kumari, Advocate For the State
: Mr. Anuj Burman, AC to GA.IV Mr. Mithilesh Singh, GA.IV
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Order No. 02 / Dated : 12.08.2025.
Heard learned counsel for the parties.
1. Petitioners are the plaintiffs and are aggrieved by rejection of petition for amendment of plaint vide order dated 15.04.2025 passed by Civil Judge, Jr. Division, Ranchi, in O.S. No.15 of 2004.
2. The amendment Petition has been dismissed by the learned Trial Court on the ground that earlier the said petition was dismissed vide
order dated 05.02.2019 as not pressed.
3. It is submitted by learned counsel for the petitioner that the order by which the earlier amendment petition was dismissed as withdrawn was recalled on 18.06.2019. In order to buttress this contention, the copy of the order-sheet has also been enclosed with the instant CMP, from which it appears that the order dated 05.02.2019 was recalled and the plaintiffs were directed to appear for the argument on the amendment petition dated 01.06.2018.
4. By referring to this order, it is submitted that the petition for
2025:JHHC:23589 2
amendment has not been finally disposed of and was still pending.
5. Without entering into the merit of the case and for amendment of the plaint, it appears that there is error of record so far as the impugned
order is concerned.
6. Under the circumstances, the instant CMP is disposed of, with a direction to the learned Trial Court to pass an order afresh on the amendment petition filed by the plaintiff on 01.06.2018 within a period of four weeks from today.
(Gautam Kumar Choudhary, J.) sandeep/ -