IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1014 of 2006 RAM SAKAL RAI & ORS Versus RAM CHANDAR RAI & ORS ----------- 10. 21.10.2008 Heard counsel for the petitioners and the counsel for the plaintiff O.P. In the opinion of this Court when the amendment was allowed in a suit of the year 2001 on 19.8.2003 in all fairness the petitioners, defendants 2nd set, ought to have filed any additional written statement within a reasonable period. That having been not done, the approach of the court below in rejecting the prayer of the petitioners for acceptance of additional written statement filed on 11.5.2006 cannot be faulted on any score, especially when the court below has given good reasons for the same. It has been recorded by the court below that issues were framed on 22.4.2006 and thereafter witnesses had also been examined and as such, allowing the petitioners to file additional written statement will cause further delay in disposal of the suit. This Court, however, would find that the reasons which were stated in the 2 application seeking permission of filing of additional written statement by the petitioners were only disclosing the facts and circumstances beyond the control, inasmuch as when the opposite party had made amendment in the plaint as with regard to details and description of certain plot number the same required its verification and if in course of such verification it had taken some time for the petitioners to get the details to be incorporated in the additional written statement, normally such delay ought to have been condoned even by way of fixing some cost against the petitioners for such delay. True it is that such application in all fairness seeking amendment in the written statement ought to have been filed on or before 22.4.2006 when the issues were framed, but taking into account that such additional written statement was filed immediately thereafter on 11.5.2006 by which date the deposition of the witnesses had not even commenced, this Court in the interest of justice would allow the prayer of the petitioners for filing of that additional 3 written statement and the additional written statement brought on record by the petitioners on 11.5.2006 shall be taken into consideration so far it is relevant to the amendment of the plaint as allowed on 19.8.2003. As a consequence of the amendment allowed in the written statement, again to be cautioned and limited to the extent of amendment allowed in the plaint on 19.8.2003, the petitioners will be entitled to bring any further evidence in respect of such amendment or cross-examined any witness of the plaintiff only in relation to those amendments. As this exercise will definitely cause some impediment and loss to the plaintiff as well as defendants 1st set, who are said to have already completed their evidence, this Court would direct the petitioners to compensate both the plaintiff and the defendants 1st set by paying a sum of Rs. 5000/- each to both of them within a period of one month from the date of receipt/ production of a copy of this order. Upon showing proof of payment of such cost the court below will accept the additional 4 written statement and would ensure that the petitioners are not allowed to unnecessarily delay the proceedings in the name of filing of additional written statement. With the aforementioned observation, this application is allowed. (Mihir Kumar Jha.J.) Surendra/