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2006 Supreme(Pat) 236

NAVANITI PRASAD SINGH
Shree Narayan – Appellant
Versus
Mahendra Prasad Yadav – Respondent


Judgment

1. Heard Mr. Keshav Srivastava, learned senior counsel for the petitioners plaintiffs and Mr. Ram Balak Mahto learned senior counsel for the contesting defendants-opposite party.

2. The present revision application is directed against the order of the trial court whereby the trial court has allowed the amendment sought for by the defendants in the written statement. The undisputed facts are that the suit was filed in the year 1982. The defendants on notice appeared and filed their written statements on 29.9.1983. Issues having been framed, the trial commenced. The plaintiffs examined eleven witnesses. At this stage after 20 years of filing of the written statement on 29.9.1983 contesting defendants-opposite party sought amendment of their written statement alleging that it was descriptive and clarificatory and did not change the nature of the suit. No where in the amendment application it was sought to be explained why amendment was sought for after twenty years.

3. On the contrary in the amendment application it has been specifically admitted that the filing of written statement was incomplete due to oversight and inadvertence. A rejoinder was filed by the plaintiffs objec


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