IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1210 of 2008 BIBI ASHMA KHATOON Versus MD. ABDUL GAFFAR & ORS ----------- 2 19.09.2008 Heard counsel for the petitioner. Counsel for the petitioner with reference to the pleadings in the plaint would contend that the amendment sought therein with regard to the year of oral gift (Hibba) was only sought to be changed by bringing it back from 1996 to 1994 and that by any stretch of imagination was not going to change the nature of the suit. This Court on perusal of the relevant materials would find force in the submission of the counsel for the petitioner, that even if it be assumed that Bibi Shakina who is said to have made the oral gift (hibba) had died in the year, 1996 as claimed by the defendant, even then the plaintiff-petitioner was not to gain anything out of it because 1996 has got 12 months and it is not said in which month the oral gift (hibba) was made so as to take away any alleged right of the defendant by introduction of new case as with regard to death of Bibi Sakina in the year, 1994. In the considered opinion of this Court, such amendment which infact was absolutely formal in nature and incapable of changing to the nature of the suit. The - 2 - Court below, therefore, has committed jurisdictional error in refusing such formal prayer of amendment. Accordingly, this application is allowed, the impugned order is set aside and the amendment, as prayed by the petitioner is hereby allowed. Bibhash (Mihir Kumar Jha, J.)