IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9267 of 2010 1. JAYNARAYAN SHUKLA S/O RAM NARESH SHUKLA R/O VILL.- MAHUAR, TOLA OJHWALIA, P.S.- SEMRA, DISTT.- WEST CHAMPARAN Versus 1. RAM CHANDER SHAH S/O PRASAD SHAH R/O VILL.- MAHUAR, TOLA OJHWALIA, P.S.- SEMRA, DISTT.- WEST CHAMPARAN 2. RAJDEV SHAH S/O NAND LAL SHAH R/O VILL.- MAHUAR, TOLA OJHWALIA, P.S.- SEMRA, DISTT.- WEST CHAMPARAN 3. VASUDEV SHAH S/O NAND LAL SHAH R/O VILL.- MAHUAR, TOLA OJHWALIA, P.S.- SEMRA, DISTT.- WEST CHAMPARAN 4. SUKAL SHAH S/O NAND LAL SHAH R/O VILL.- MAHUAR, TOLA OJHWALIA, P.S.- SEMRA, DISTT.- WEST CHAMPARAN 5. HARIHAR SINGH S/O YAMUNA SINGH R/O VILL.- MAHUAR, TOLA OJHWALIA, P.S.- SEMRA, DISTT.- WEST CHAMPARAN 6. AMBIKA SINGH S/O YAMUNA SINGH R/O VILL.- MAHUAR, TOLA OJHWALIA, P.S.- SEMRA, DISTT.- WEST CHAMPARAN ----------- 4/ 20/05/2011 Heard learned counsel for the petitioner and the respondents. The petitioner is stated to be the plaintiff in Title Suit No.38/96 seeking declaration of title and confirmation of possession. His application for amendment of the plaint came to be allowed on 30.3.2006 subject to payment of costs of Rs.200/-. Then followed a sequence of events leading to delay in the petitioner depositing the costs and making the necessary amendments in the plaint. True it is that the petitioner did attempt to deposit the costs in the Court on the date fixed, but his conduct has to be examined in the light of the contention of the contesting respondents that they proposed to challenge the amendment allowed in a civil revision application before this Court which they did but unsuccessfully. The only question coming to the mind of the Court is that if the 2 process of amendment and payment of costs has been delayed because the petitioner thought to await the result of the civil revision, in our system of litigation can it be called as fanciful or absurd. The answer obviously shall be ‘no’ since he is the plaintiff himself. The order dated 26.3.2009 is set aside. The costs as originally awarded and enhanced are merged by the present order and quantified finally as Rs.500/- payable to the contesting respondents-1 to 4. The application is allowed. KC ( Navin Sinha, J.)