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1994 DIGILAW 71 (PAT)

Rajendra Singh v. State of Bihar

1994-02-23

A.N.TRIVEDI

body1994
Order This civil revision arises out of an order dated 21.7.1990. passed by the learned Sub Judge II, Jamui in Title Suit No. 2 of 1985, (Rajendra Singh Vs. the State of Bihar and others) by which the plaintiff-Applicant application for amendment of the plaint had been rejected. The plaintiff's case originally was that a settlement had been made in favour of the plaintiff in the year 1933. During recording of evidence, it was stated by the plaintiff that the settlement had been made in favour of his father in the year 1933 and he was born in the year 1939. According to the plaintiff, it was then that the mistake was detected and he sought leave to amend the plaint to add the words "plaintiffs father" and consequential amendment was also sought so as to explain that the settlement had been made in favour of the father of the plaintiff. I have heard the learned counsel for the applicant and have perused the impugned order, Despite service on the opposite parties none has appeared to contest this civil revision. The trial court rejected the application for amendment primarily on the ground of delay. In my opinion no prejudice could hale been caused to the defendants by permitting the plaintiff to amend his plaint in the manner sought, as it was open to the defendants to contest the claim of the plaintiff by filing additional written statement. In any case they could have been compensated by award of costs. The impugned order dated 21.7.1990 passed by the learned Sub-Judge II, Jamui in Title Suit No.2 of 1985 (Rajendra Singh Vs. the state of Bihar & ors) refusing to allow the amendment application is set aside. The proposed amendment is fit to be allowed and it is accordingly allowed on payment of costs of Rupees one hundred only to each set of the defendants. Application allowed.