IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12439 of 2011 Suresh Prasad Gupta Versus Sibli Raza ---------------------------------- 05. 03.08.2011. Heard the learned counsel for the petitioner. At the very outset, the learned counsel for the petitioner seeks permission to delete Article 226 of the Constitution of India and to add Article 227 of the Construction of India. Permission is accorded. This application under Article 227 of the Constitution of India has been filed by the tenant- defendant-petitioner against the order dated 26.04.2011 passed in Eviction Suit No.8 of 2009 by the Subordinate Judge, Vth Motihari whereby the learned Court below partly allowed the amendment application by adding the another ground that during the pendency of the suit, the fixed term tenancy has expired. The learned Court below rejected another part of the amendment sought for, i.e., the plaintiff is entitled to receive Rs.300/- per day as compensation from the tenant. The learned counsel for the petitioner submitted that the learned Court below has wrongly allowed the amendment application of the plaintiff because there has already been statement in the plaint - 2 - at the time of institution of the suit itself that the fixed term tenancy is going to expire. The learned counsel further submitted that according to the petitioner, the tenancy has not expired. It is well settled principle of law that the amendments of the pleadings should be allowed liberally vide decisions of the Apex Court reported in 2008 (7) Supreme Court cases 85, 2008 (14) Supreme Court cases 364 and recently by this Court in a case reported in 2010 (4) P.L.J.R. 355, particularly, when the trial has not commenced. So far this case is concerned, during pendency of suit, the fixed term tenancy expired and, therefore, the amendment is based on subsequent event and the petitioner is not going to be prejudiced in any way. In view of the above facts and circumstances of the case, I find no reason to interfere with the impugned order and accordingly, this application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)