IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17871 of 2010 1. MOHAN GOPE S/O LATE RAMJI GOPE R/O MOHALLA- MOSIMPUR KURTHA, FATHUHA, P.S.- FATHUA, DISTT.- PATNA Versus 1. NARAIN GOPE S/O LATE SHIV NANDAN GOPE R/O MOHALLA- GOVINDPUR, FATUHA, P.S.- FATUHA, DISTT.- PATNA 2. DHARAMBIR GOPE S/O NARAIN GOPE R/O MOHALLA- GOVINDPUR, FATUHA, P.S.- FATUHA, DISTT.- PATNA ----------- 06. 03.05.2011 By means of this petition the petitioner has challenged the order impugned dated 19.12.2008 passed by the Munsif, Patna City in Title Suit No. 18 of 2000 rejecting the application of the petitioner for amendment in the plaint. The application has been rejected on the ground that the entire boundaries including some relief portion will be changed. Amendment is vital in nature and will change the identity of the suit property and by allowing the amendment the defendants will be highly prejudiced. Learned counsel for the petitioner invited the attention of this Court on amendment application. In the amendment application it has been stated very specifically that during the course of pendency of the suit the defendants with some anti social element dispossessed the petitioners on the portion of the suit property, which has also been induces by the learned Munsif in his order impugned. Therefore, the plaintiff moved this amendment giving the details of the portions from which he has been forcibly dispossessed during the pendency of the suit and also prayed for restoration of possession. Thus, the amendment sought was based on the subsequent event on the conduct of the defendant. Nature of the suit 2 was not at all changed. The order impugned suffers from factual inaccuracy, accordingly the order impugned is set aside and the learned Munsif is directed to decide the application for amendment in the plaint i.e. amendment application dated 21.02.2008 of the petitioner on merits after giving full opportunity to all the parties. Mkr. (Prakash Chandra Verma, J)