IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7762 of 2011 SMT.CHINTAMANI DEVI Versus BINOD MISTRY @ VINOD KR.& ORS ----------- 9 3.5.2011 This writ application has been filed by the petitioner challenging the order dated 19.2.2007 by which the plaint of the petitioner has been rejected on the ground that if the amendment is allowed nature of the suit will be changed. Learned counsel for the petitioner drew attention of this Court on the objection filed by the defendants in which they have admitted the simplicity of the amendment and will not change the nature of the suit. In view of the statement of facts in the objection filed by the defendant –respondents, the trial court fell into error in finding by allowing the amendment petitioner will suffer from miscarriage of justice. The order impugned is set aside. Therefore, the amendment petition is allowed. Let the necessary amendment in the suit be incorporated within a fortnight from today, as the order is being passed in presence of both the parties, and, if there is need, the defendants may file additional W.S. The writ application is disposed of with the aforesaid observations. AnilKrSinha ( Prakash Chandra Verma, J.)