Advocates:
['Jitendra Prasad Singh', '', 'PRABHAT KUMAR DIPAK', 'ANITA RAGHAVENDRA', 'ABHISHEK', 'ANIRUDH KUMAR VERMA']

Patna High Court CWJC No.4339 of 2012 (2) dt.25-04-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4339 of 2012

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Narednra Singh & Anr

.... .... Petitioner/s

Versus

Sitaram Singh & Ors

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh

For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY

ORAL ORDER

2

25-04-2012

Heard learned counsel for the petitioner and the

respondents.

In this case, defendant are the petitioner who are

challenging the impugned order whereby the court below has

allowed the amendment of the plaint.

The suit was filed for declaration of title and recovery

of possession over 29 decimals of land having boundary as given

in the plaint. In course of time, the plaintiffs sought two

amendments earlier in 2008 and 2009 which were allowed by the

court below but 3^rd time also, they filed the present petition

proposing to modify the Area and change the boundary also.

Counsel for the petitioner relied on the judgment

reported in 2012(1) SCC 801 (civ) (J.Samuel v. Gattu Mahesh). In

this case, basically it appears that 29 decimals of land is to be

made 19 decimals which is typing mistake but certainly as per the

Patna High Court CWJC No.4339 of 2012 (2) dt.25-04-2012

petitioners he is also changing the boundary. The aforesaid

judgment does not prohibit the plaintiffs to make amendment, In a

case of typing error, it is permissible that too when evidence has

not started then in that circumstance, due diligence has not be

taken. As it is simple amendment does not change the nature of

Suit nor it is prohibited by law. I do not find any error in the order

impugned. This petition is accordingly, dismissed. However,

liberty is granted to the defendant-petitioner to file a suitable

amendment to the written statement compatible to the proposed

amendment.

Jay/-

(Shivaji Pandey, J)