IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1051 of 2008 SUBEDAR NONIA & ANR Versus RAM KISHUN NONIA & ANR ----------- 2. 4.8.2008 Heard counsel for the petitioners. This is a frivolous application which must be dismissed with exemplary cost of Rs. 2500/- for the simple reason that the defendants petitioners had at least an opportunity to analyze their case before moving this Court inasmuch as the court below in the impugned order, while rejecting the application seeking amendment, had held that the plaintiff opposite party will be prejudiced by the proposed amendment by taking away the effect of admission already made by a witness of the defendant in course of his deposition. In fact such amendment was also clearly malafide as it was a device to cover up the evidence admitting a fact pleaded by the plaintiff opposite party. Thus at least at that stage the petitioners should have stopped themselves, but that having not been done, this Court 2 would dismiss this application with a cost of Rs. 2500/-, to be paid by the petitioner to the plaintiff opposite party. ( Mihir Kumar Jha,J.) Surendra/