IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13222 of 2011 Rajeev Kumar Versus The Civil Court,Gaya Through I ---------------------------------- 3. 23.08.2011 Heard the learned senior counsel Mr. Surendra Kumar Singh on behalf of the petitioner. This application has been filed by the petitioner-petitioner against the order dated 18.6.2011 passed by the Additional District Judge, Fast Tract Court – III, Gaya in Probate Case No. 45 of 2009 whereby the learned court below rejected the application filed by the petitioner for amendment of the plaint by deleting two words ‘separately’ occurring in paragraph 2 of the probate application. It appears that at paragraph 2 in 9th line and 11th line ‘separately’ word is occurring. According to the learned senior counsel these two words ‘separately’ are unwarranted and surplus and, therefore, prayer was made for deleting the said words but the learned court below refused to do so. According to the learned counsel because of deletion of the said words the nature of the proceeding will not change nor the case of the petitioner will be changed. It appears that this is a probate case and because of deletion of the said words occurring in paragraph 2 in 9th line and 11th line neither the nature of the proceeding will be changed nor the case of the petitioner will be changed and in my opinion it is only a formal amendment. It further appears that the petitioner is not seeking to withdraw any admission made by him. In such view of the matter this application under Article 227 of the Constitution of India is allowed and the impugned order is set aside and the amendment application filed by the petitioner is allowed. S.S. (Mungeshwar Sahoo,J.)