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1972 Supreme(Pat) 188

U.N.SINHA
Rachhya Singh – Appellant
Versus
Ram Ran Bijai Prasad Singh – Respondent


Judgment

U.N.Sinha, J.

1. This application has been filed by defendants Nos. 1 and 2 and it is directed against an order passed by the trial Court on the 23rd December, 1971, allowing two petitions for amendment of the plaint filed by the, plaintiffs. The suit had been instituted in 1963 and evidence for the parties had closed on the 17th December, 1971 and arguments had also been concluded on that day. The learned trial Judge had fixed the 23rd December, 1971, as the date for delivering his judgment. On the 22nd December, the plaintiffs had filed two amend-ment petitions. In the main petition for amendment, they had stated, that, during the course of argument it had been pointed out that certain lands in dispute had been sold for a paltry amount of money, without mentioning the value of the lands sold and, therefore, the following amendment may be allowed to be incorporated in paragraph 4 of the plaint:

"The suit land in both the Ex. Cases were sold only for Rs. 400/-. (In Ex. Case 1341/54 for Rs. 100.00 and in Ex. Case No. 1342/54 for Rs. 300/-) on 24-1-1955 though at the time of sale land was worth not less than Rs. five thousands".

The second petition for amendment stated, that,


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