IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7507 of 2011 BIHAR STATE BOARD OF RELIGIOUS TRUSTS,PATNA Versus MAHANTH SHIVNAND GIRI & ORS ----------- 2. 02.05.2011 Heard. The Title Suit No. 64 of 1995 was filed by the plaintiff for declaration of the title. In para-4 of the amended plaint reads as under:- “;g fd eqnkyge rdjkjh tehu dks eqnbZ ls [kjhnuk pkgrs Fks ysfdu eqnbZ us budkj dj fn;kA eqnbZ vjsjkt ifCyd eB ds egar gS vkSj eB V~z’V cksMZ ds vUnj gSA rdjkjh tehu pWwfd vjsjkt eB ds lkeus vkSj cktkj ds utnhd gS blfy;s mls cspus dk iz”u gh ugha FkkA vjksjkt eB ds Qk;ns esa gS fd og tehu lqjf{kr eB ds dCts esa tSls pyh vk jgh gS oSls jgsA** In view of the plaintiff’s own case set up initially, the suit was not maintainable as it has been stated in para- 4 that it was a public Math and was under the control of Bihar State Board of Religious Trust. After filing of the written statement of the plaint, this portion has been amended in which statement to the extent it was stated that it is a public trust, was deleted. Therefore, an application was moved by the petitioner. The application of the petitioner has been rejected on the ground of delay. The court ought to have taken note of the fact that the application for impleadment of party was made after the date of knowledge which might have been accepted as the court also ignored the provision under Section 50 of the 2 Bihar Hindu Religious Trust Act, 1951. Thus, order impugned cannot be sustained and accordingly it is quashed. The application for impleadment is allowed. Ravi/- ( Prakash Chandra Verma, j.)