IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1690 of 2005 MD.ATAURRAHMAN Versus STATE OF BIHAR & ORS ----------- 11 29.09.2008 Heard counsel for the plaintiff petitioner. Despite service of notice no one appears for the other side. In the opinion of this Court, the only amendment sought in the boundary of the schedule-1, pertaining to Plot No. 7981. by itself would not have either changed the nature of the suit or could have caused prejudice to the contesting defendant inasmuch as, earlier also the same person Anwarul Haq was shown to be in the western boundary of Plot No. 7981 in the Schedule-I of the original plaint. Thus such amendment being only explanatory or clarificatory in nature was fit to be allowed and the Court below had adopted a hypertechnical approach in rejecting such routine type of amendment in the plaint. That being so, this Court would set aside the impugned order with a direction to the Court below to allow the amendment in the plaint as prayed for by the petitioner in his application dated 1.4.2005 (Annexure-3). With the aforementioned observations and directions this Civil Revision application is allowed. Bibhash (Mihir Kumar Jha, J.)