IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.479 of 2006 RAMESH CHOUDHARY Versus MARACHHU CHAUDHARY & ORS ----------- 6 28/7/2008 Heard counsel for the petitioner. Despite service of notice on the opposite parties, no one has appeared on their behalf. By the impugned order the court below has rejected the prayer of the petitioner, defendant, with regard to amendment in his written statement. The order passed by the court below however does not give/ disclose any reason and infact when it is clear that the suit was for partition, the amendment sought to the effect of putting certain plot numbers by replacing earlier plot numbers in their written statement cannot be said to either affecting the case of the plaintiffs or causing any prejudice to them. The editorial comments thus made by the court below while rejecting such prayer that the nature of the amendment is not of ordinary nature, is not appreciable to this Court especially when nothing has been said as to what is the extra ordinary amendment being sought by the petitioner in his written statement. Be that as it may, this Court does not find any substance in refusing the amendment of written statement sought by the petitioner. Accordingly, the impugned order is set aside and the court below is directed to allow the amendment subject to payment of cost of a Rupees 5,000/- (five thousands) by the petitioner to the plaintiff opposite party within a period of one month from the date of receipt/production of a copy of this order to compensate the loss sustained by the plaintiff who are said to have completed their evidence on the basis of the existing pleadings including the written statement sought to be amended at a belated stage. Accordingly that application is allowed with the aforementioned observations and directions. ( Mihir Kumar Jha, J. ) Abhay Kumar