HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6513 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ram Prasad Dwivedi, the learned counsel for the petitioners and Shri Arvind Kumar Tiwari, the learned counsel for the respondents. 2. By means of the instant petition, the petitioners have challenged the validity of an order dated 04.10.2025 passed by the District Judge, Shrawasti in Regular Civil Appeal No.17 of 2022 whereby the application for amendment of plaint filed by the petitioner at appellate stage has been rejected. 3. The petitioner filed the suit in the year 2004 and in description of the parties, he has mentioned District- Shrawasti, erstwhile District- Bahraich but in the body of the plaint, at numerous places, District- Bahraich has been mentioned and newly constituted District- Shrawasti has been left out being mentioned due to inadvertence. The petitioner also sought permission to add the word Talab after Gata No.2083 occurring in para-1 of the plaint. 4. The respondents oppose the application on the ground that the suit has been decided on 18.10.2022 after having remained pending for 18 years. During pendency of the suit, the plaintiffs had filed an application for amendment of plaint (paper No.A128) seeking to amend the boundaries of the property in dispute. This application was rejected by means of order dated 23.02.2019 passed by trial Court. The petitioner had filed a revision against the order dated 23.02.2019, which was rejected by means of an order dated 10.12.2019. The petitioner did not challenge the order dated 10.12.2019, which became final. 5. In these circumstances, the application filed at the appellate stage for correcting the description of property, cannot be allowed. 6. Learned counsel for the respondents has submitted that the conduct of the petitioner shows lack of due diligence on his part and in these circumstances, amendment application has rightly been rejected by the Appellate Court. Versus Counsel for Petitioner(s) : Ram Prasad Dwivedi Counsel for Respondent(s) : Arvind Kumar Tiwari Mustak Ali And 4 Others .....Petitioner(s) Chairman Nagar Panchyat Ikauna Pargana And Teshil Dist. Shrawasti And Another .....Respondent(s) 7. The trial Court has referred to certain judgments relied upon by the learned counsel for the petitioner and has held that as per the settled law, an application for amendment of pleadings can be allowed even at the appellate stage. Therefore, the Appellate Court is of the view that there is no absolute bar against filing an application seeking amendment of pleadings at the appellate stage. 8. The application for amendment specifically mentions that the plaintiff- appellant will not adduce any oral evidence in support of the amended pleas. 9. From the aforesaid facts and circumstances of the case, it appears that the plaintiff is seeking to add "newly constituted District- Shrawasti", after District- Bahraich occurring in the body of the plaint. Though this fact is already mentioned in the description of the plaint. This amendment does not change the nature of the dispute between the parties. The petitioner-plaintiffs have already stated that they will not adduce any oral evidence in support of the amended pleas. The amendment will not change the nature of plaint. 10. The delay in seeking amendment is a relevant factor but keeping in view the peculiar facts and circumstances of the case, this Court is of the view that the delay can be compensated by imposing cost upon the petitioner. 11. Accordingly, the instant petition is allowed. The amendment application (paper No.A128) filed by the petitioner in Civil Appeal No.17 of 2022 in the Court of District Judge, Shrawasti is allowed subject to payment of Rs.5,000/- as cost to the opposite parties. The amount of cost shall be paid by the petitioners to the Nagar Panchayat, Ekauna within a period of two weeks and in case the Nagar Panchayat does not accept the amount, the same shall be deposited to the appellate Court within a period of one week thereafter. November 10, 2025 -Amit K- A227 No. 6513 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench