ORDER 1. The petitioner has filed this revision petition against the order dated 9.11.2004 passed by Munsif, Patna City in Title Eviction Suit No. 9/98 whereby the petition filed by the petitioner for amendment of the written statement has been rejected. 2. The suit was filed by the plaintiff-Opposite party. It was taken up for hearing. The defendant-petitioner filed a petition for amendment of the written statement. The amendment petition has been annexed to this revision petition. The said petition has been rejected by the court below on the ground that since the suit has been taken up for hearing, in view of the amended provisions, of the Code of Civil Procedure, no amendment can be allowed. The petitioner claims that he got the property as oral gift and by virtue of the oral gift he claims possession over the suit land which is not permissible. 3. Upon hearing the counsel for the parties, this much is obvious that the suit was filed in the year 1998. Pleading was also completed before 1st of July, 2002 and as such a bar which has been provided by the amended Civil Procedure Code has no application in such cases. 4. Further, the petitioner has earlier claimed title by adverse possession. By amendment also the petitioner is not changing his previous stand. He wants only for amendment to the effect that a gift was executed in his favour and he remained in possession since then. 5. On consideration, I find that the amendment sought for is justified and the court below has committed error in law in rejecting the petition. Accordingly, this revision petition is allowed. The order impugned is hereby set aside.