IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.78 of 2007 KAPILDEO ROY Versus PHULKESHAR DEVI @ PHULESHWAR D ----------- 02. 02.05.2008 Heard the learned counsel for the petitioner. This civil revision has been filed on behalf of defendant no.20 – petitioner challenging order dated 10.10.2006 by which the learned Subordinate Judge-II, Rosera, allowed the plaintiff’s petition for amendment of the plaint in Partition Suit No. 50 of 2000. The aforesaid suit was filed by the plaintiffs-opposite parties 1st set for partition of the suit properties. It transpires that defendants had appeared but the issues had not yet been framed. Since the hearing of the suit has not yet been started, the prayer for amendment of the plaint cannot be rejected in view of the settled principle of law. 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. harish (S.N. Hussain, J.)