IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.874 of 2022 ====================================================== 1. Chandrama Sah, S/o Khalifa Sah, Permanent Resident of Village- Atarson P.O. Atarson, P.S. Rasulpur, District- Saran, at present C/o Ram Datt Sah, C/3/105A, Najafgarh, Bapraula South West Delhi- 110043 2. Muneshwar Sah, S/o Khalifa Sah, Permanent Resident of Village- Atarson P.O. Atarson, P.S. Rasulpur, District- Saran, at present C/o Ram Datt Sah, C/3/105A, Najafgarh, Bapraula South West Delhi- 110043 3. Fulena Sah, S/o Late Bhardul Sah, Resident of Atarson, P.S. Rasulpur, District- Saran. ... ... Petitioner/s Versus 1. Shivdhyan Sah S/o Devi Koiri, Resident of Atarson, P.O. Atarson, P.S. Rasulpur, District- Saran. 2. Teras Sah S/o Devi Koiri, Resident of Atarson, P.O. Atarson, P.S. Rasulpur, District- Saran. 3. Sushil Kumar Singh S/o Late Chandrashekhar Singh, Resident of Atarson, P.O. Atarson, P.S. Rasulpur, District- Saran. 4. Rajeshwar Singh S/o Ram Ayodhya Mahto, Resident of Atarson, P.O. Atarson, P.S. Rasulpur, District- Saran. 5. Devendra Singh S/o Ram Suresh Singh, Resident of Atarson, P.O. Atarson, P.S. Rasulpur, District- Saran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Jasjit Pranjal, Adv. Mr. Prashant Samabh, Adv. Mr. Amrit Jay Kumar Roy, Adv. For the Respondent/s : Mr. Dr. Rajesh Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 6 10-10-2025 The petitioners have filed the instant criminal miscellaneous application for setting aside the order dated 21.04.2022 passed in Title Suit No. 84 of 2012, whereby the learned Munsif- 1st, Saran at Chapra, has refused to consider the amendment petition filed dated 25.03.2019 with respect to amendment in W.S. filed by defendant dated 29.10.2013. 2. Heard both the parties. Patna High Court C.Misc. No.874 of 2022(6) dt.10-10-2025 2/2 3. Learned counsel appearing for the petitioners submits that the proposed amendment does not change the nature of the case rather it is explanatory to the facts mentioned in W.S. and the trial has not been concluded. 4. Contrary to this, learned counsel appearing on behalf of the respondents opposed the aforesaid contention of the petitioners. 5. Learned counsels for both the parties submit that presently this case is going on for the evidence of the defendants-petitioners and when the impugned order was passed, at that time, evidence of plaintiffs was going on. The aforesaid amendment does not appear to bring/cause any change in the nature of the suit in any manner however it is filed after much delay, so, the aforesaid amendment is allowed at the cost of Rs. 5,000/- (Rupees Five Thousand), payable to the plaintiffs- respondents and plaintiffs are also at liberty to give any additional evidence on the point of aforesaid amended facts, if they are so advised. 6. Accordingly, the instant civil miscellaneous petition stands disposed of. annu/- (S. B. Pd. Singh, J) U