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Patna High Court

Manoj Kumar SinghversusSurendra Nath Tiwari

Decided
Disposal
DISMISSED

Holding

The petition to set aside the order rejecting the amendment is dismissed as the amendment is not permissible and the petitioner lacks a valid claim.

Summary

The petitioner filed a civil miscellaneous application seeking to set aside the order of the Sub‑Judge that rejected his amendment to a title suit for specific performance of an alleged oral agreement. The amendment sought to implead the transferee, Asha Devi, and to declare the sale deed in her favour null and void. The respondent opposed, arguing that the amendment would change the nature of the suit. The court observed that the plaint contained no date, time, or place of any agreement and that the defendant was the rightful title‑holder who had lawfully transferred the property without any stay order. Relying on the lack of a valid document or agreement, the court held that the petitioner had no basis to claim the property and dismissed the petition.

Issues considered

  • Whether the amendment to implead the transferee and seek declaration of the sale deed is permissible under Order VI Rule 17 and Order I Rule 10 of the CPC.
  • Whether an oral agreement, without any specific details, can support a claim for specific performance in a title suit.
  • Whether the Sub‑Judge's order rejecting the amendment can be set aside.

Legislation cited

Subjects

  • specific performance
  • oral agreement
  • amendment of plaint
  • sale deed nullity
  • Civil Procedure Code
  • title suit

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CIVIL MISCELLANEOUS JURISDICTION No.725 of 2024
                 ======================================================
                 Manoj Kumar Singh Son of Shiv Pujan Singh Resident of Village-Rajpur,
                 P.S.-Rajpur, Distt,-Rohtas.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    Surendra Nath Tiwari Son of Late Rambachan Tiwari Resident of Village-
                 Rajpur, P.S.-Rajpur, Dist.-Rohtas, Presently residing at 993, new Bus Stand
                 Old Traffic Settlement Khadagpur, Distt.-Medanipur (West Bengal)
           2.    Asha Devi Wife of Krishna Prasad Resident of Village-Rajpur, P.S.-Rajpur,
                 Dist.-Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Sanjay Kumar Pandey No.5
                 For the Respondent/s   :       Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

5   06-02-2026                 The instant civil miscellaneous application has

                   been filed for setting aside the otder dated 21.05.2024,

                   passed by learned Sub-Judge-III, Bikramganj in Title Suit

                   No. 349 of 2023 whereby he has rejected the petition dated

                   12.10.2023 filed under Order VI Rule 17 and Order I Rule

                   10 read with Section 151 of Code of Civil Procedure.

                               2. Learned counsel for the petitioner submits that

                   he has filed Title Suit No. 349 of 2023 for specific

                   performance of a contract against the defendant, Surendra

                   Nath Tiwari, on the basis of an oral agreement with respect

                   to the suit property. He further submits that during the

                   pendency of the suit, the defendant has transferred the suit
Patna High Court C.Misc. No.725 of 2024(5) dt.06-02-2026
                                             2/3




          property to one Asha Devi, and he seeks to implead Asha

          Devi as a defendant in the suit for proper and complete

          adjudication of the matter.

                       3. Learned counsel appearing on behalf of

          respondent no. 2 submits that the proposed amendment is fit

          to be dismissed because the nature of the proposed

          amendment amounts to changing the nature of the suit

          because in the proposed amendment a relief has been

          sought for that the sale deed executed in her favour be

          declared as null and void.

                       4. From bare perusal of the plaint of Title Suit No.

          349 of 2023, it appears that the plaintiff has sought relief for

          specific performance of a contract against Defendant No. 1.

          However, in the entire pleadings any date, time, or place

          regarding the alleged agreement to sell the suit property

          with Defendant No. 1is not mentioned. It is an admitted fact

          that Defendant No. 1 is the rightful title-holder of the suit

          property, and as per submission of learned counsel for the

          respondent, in the absence of any stay order passed by a

          competent Court, he has validly transferred the suit property

          in favour of another party upon receiving valuable
          Patna High Court C.Misc. No.725 of 2024(5) dt.06-02-2026
                                                       3/3




                    consideration. Consequently, he cannot be restrained from

                    doing so.

                                 5. To buttress his arguments, learned counsel for

                    the petitioner placed reliance in the case of Manjit Singh &

                    Anr. Vs. Darshana Devi & Ors. in Civil Appeal No.

                    13066 of 2024 decided by Hon’ble the Supreme Court.

                                 6. The principle of aforesaid cited judgment will

                    not apply in this case because there is no basis of the claim

                    of petitioner over the suit property for want of any valid

                    document muchless, the date and time of any agreement.

                    Moreover purchaser of the suit land will put his leg in the

                    shoes of his vendor, who is already contesting the suit as

                    defendant.

                                 7. Keeping in view the aforesaid facts, this Court

                    comes to the conclusion that there is no merit in the

                    aforesaid civil miscellaneous petition and accordingly the

                    same stands dismissed.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U


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