1 IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.581 of 2007 Laljee Sah, son of late Babu Lal Sah, resident of Ram Nagar, P.O. +P.S. Ram Nagar, District –West Champaran. … Defendant no.6-Petitioner. Versus 1. Nagina Sah, son of late Babu Lal Sah, resident of village Sapahi Belwatia, P.O. +P.S. Ram Nagar, District West Champaran. …Plaintiff O.P. 1st set. 2. Satyanarayan Sah 3. Manoj Sah Both sons of late Asharfi Sah. 4. Tara Devi, wife of Ramdeo Sah, D/o late Asharfi Sah 5. Basanti Devi wife of Gauri Sah, D/o late Asharfi Sah 6. Rita Devi, w/o Surendra Sah, D/o late Asharfi Sah All resident of village Sapahi Belwatia, P.O. +P.S. Ram Nagar, District West Champaran. …Defendant 1st set..Opp. 2nd set. 7. Most. Lal Muni, W/o late Ganesh Sah 8. Kamlesh Sah 9. Akhilesh Sah Both sons of late Ganesh Sah. 10. Sangeeta Devi, w/o Anil Prasad, D/o late Ganesh Sah 11. Rajendra Sah, s/o late Babulal Sah All resident of village Sapahi Belwatia, P.O. + P.S. Ram Nagar, District West Champaran 12. Kalawati Devi, w/o Dhrub Sah, D/o late Babulal Sah, Resident of Ram Nagar, P.O. + P.S. Ram Nagar, District West Champaran. 13. Lilawati Devi, w/o Ramjee Sah, D/o late Babulal Sah, resident of SapahiBelwatia Narkatiaganj Thana Road, P.O. + P.S. Narkatiaganj, DistrictWest Champaran. 14.Heera Yadav, son of late Sukhlal Yadav, resident of village Sapahi Belwatia, P.O. + P.S. Ram Nagar, District West Champaran 15. Madhusudan Prasad, son of late Petambar Lal 16. Vivek Kumar 17. Ankit Kumar Both are minor sons of late Lalit Kumar under the guardianship of her mother & natural guardian Most. Sita Devi. All are residents of village Purani Bazar, Ram Nagar, P.O. +P.S. Ram Nagar, District West Champaran. --- Defendants-Opposite Parties. ----------- For the Petitioners : M/s. Shree Prakash Srivastava and Shyam Kishor Das, Advocates For the Opp. Parties : None. --------- 05/ 14.10.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by defendant no.6-petitioner 2 challenging order dated 16.11.2006, by which learned Subordinate Judge-I, Bagaha, West Champaran, allowed the application filed by plaintiff-opposite party no.1 under Order VI Rule 17 of the Code of Civil Procedure for amendment of his plaint in Partition Suit No. 61 of 2005. 3. The aforesaid suit was filed by the plaintiff for partition of his share in the suit land and for other ancillary reliefs. In the aforesaid suit, the defendants appeared and filed their written statement contesting the claim of the plaintiff. 4. It further transpires that much before hearing in the said suit could be started, the plaintiff filed an application for three amendments. First amendment sought was for making some addition in paragraph 5 of the plaint, second amendment sought was for adding few words in paragraph 6 and third amendment sought was for correction of numbers of khata and khesra. The learned court below has found that the amendments sought are only due to clerical errors and they do not change the nature of the case and were merely formal. 5. Nothing has been produced to show that the finding of the learned court below is wrong or that the amendments sought were barred by any law and were not fit to be allowed on any valid ground. 6. In the said circumstances, this Court does not find any illegality or jurisdictional error in the impugned order of the learned court below and, accordingly, this civil revision is dismissed with a liberty to the defendants to file an additional written statement in the suit with respect to the statements added/amended in the plaint by the said amendments. MPS/ ( S. N. Hussain, J. )