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1997 DIGILAW 260 (PAT)

Ram Balak Sah v. Nagina Paswan

1997-04-01

SUDHANSU JYOTI MUKHOPADHAYA

body1997
ORDER 1. The plaintiff petitioners have filed this revision application against the order dated 22.6.94 passed by Munsit 1st, Hajipur in Title Suit No. 225 of 1990. By the impugned order, the petition for amendment as contained in Annexure-1 as was filed by the plaintiff petitioners, has been rejected. 2. The title suit aforesaid was filed by the plaintiff petitioners for declaration of title and recovery of possession with respect to plot nos. 1258 and 1285 situated in village Panapur Sanga under Hajipur Sadar, Police Station of the district of Vaishall. The suit was so filed in the year 1990 and when the evidence of plaintiffs was going on the petition for amendment was filed on 15.6.94. By the said petition (Annexure-1) while prayer was made for amendment with respect to para-9 to the plaint by deleting the word 'north' and to substitute the word 'west' in its place, prayer was made for amendment of the prayer portion of the said plaint as made in para-22 and 23 to the plaint. Certain additional prayers were to be inserted in the plaint by way of the said amendment petition. 3. I have gone through the petition for amendment, as contained in Annexure-1 and have heard the parties. I find that the Court below has taken into note that the plaintiffs have already been examined and cross-examined by the defendants. The court below has come to a definite conclusion that if the amendment petition is allowed at the belated stage then the advantage that the defendants had already accrued after cross-examination of the plaintiffs, they will be deprived of the same. Further, I find that if the substantive amendment is allowed in favour of the petitioners, the same will also change the nature of the suit particularly the prayer of addition of para-18 (a) as has been made in the said amendment petition. I find no illegality in the impugned order. 4. The civil revision application is, accordingly, dismissed. Application dismissed.