1. Heard learned counsel for the petitioners.

2. I.A. No. 5435 has been filed for condoning the delay of about two days in filing of this Civil Revision. For the reasons mentioned in his application the delay in filing this Civil Revision is condoned.

3. Heard learned counsel for the petitioner in the Civil Revision.

4. The plaintiffs-petitioners are aggrieved by part of the order dated 14.5.2008 passed by the Sub-Judge-I, Samastipur in Partition Suit No. 129 of 2004 whereby the amendment in written statement with regard to date of death of one Ahmad Issaq, which according to the learned counsel for the petitioner, was husband of the plaintiff.

5. Learned counsel for the petitioners submits that on so many occasions at different stages in different cases the defendants have given different date of death of Ahmad Issaq. The amendment has been sought to be made after three years of filing his written statement. The court below has allowed the amendment after imposing a cost of Rs. 750/-. While dealing with the matter it has taken notice that though the plaintiffs have stated in their rejoinder that the certificate produced by the defendant is forged and fabricated but has no