IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.537 of 2009 1. Sumitra Devi, wife of late Kameshwar Prasad. 2. Ajit Kumar, son of late Kameshwar Prasad. 3. Pappu Kumar, son of late Kameshwar Prasad 4. Raj Kumar, son of late Kameshwar Prasad. All are residents of village- Masha, P.S. Chiraiya, District- East Champaran. 5. Kiran Devi, wife of Ram Babu Prasad, daughter of late Kameshwar Prasad, resident of village- Sisia, P.S. Gaur, Nepal. 6. Asha Kumari, @ Asha Devi, daughter of late Kameshwar Prasad, wife of Ram Saran Prasad, resident of Village- Bela Baijar, P.S.- Patahi, District- East Champaran. ….Plaintiffs……Petitioners. Versus 1. Badri Mahto, son of late Chocha Mahto. 2. Raj kumar Mahto, son of Badri Mahto. 3. Raj Narayan Mahto, son of late Surat Mahto. 4. Dixit Mahto, son of late Surat Mahto. All are residents of Village- Masha, P.S. - Chiraiya, District- East Champaran. ….Defendants 1st Party…Opp. Party 1st set. 5. Achitanand Prasad, son of late Tapi Shah. 6. Amar Kumar Prasad, son of late Chandrika Prasad. 7. Ajay Kumar, son of late Chandrika Prasad. 8. Kukti Narayan Prasad, son of Sarvajit Prasad. All are residents of Village- Masha, P.S.- Chiraiya, District- East Champaran. …Defendants 2nd party…Opp. Party 2nd Set. ----------- 03- 24.11.2011 Heard Mr. Hemendra Prasad Singh for the petitioners, Mr. Pramod Kumar Pandey for opposite party nos.1 and 2, and Mr. Sanjay Prakash Verma for opposite party no.3. The plaintiffs of Title Suit No. 123 of 1995 have preferred this civil revision application under the provisions of section 115 of the Code of Civil Procedure, 2 and are aggrieved by the order dated 13.1.2009, passed by the learned Munsif, Sikarahna at Motihari, whereby their application for amendment of the plaint has been rejected, inter alia, on the ground of delay. 2. A brief statement of facts essential for the disposal of this civil revision application may be indicated. The present petitioners have instituted the suit for declaration of title, removal of encroachment, and recovery of possession of a portion of the suit property. The plaintiffs realized from the Pleader Commissioner’s report of 30.1.2007 that the defendants have allegedly encroached a bigger area than the area stated in the plaint. Therefore, the plaintiffs filed the present amendment application on 22.10.2008 for amendment of the plaint, seeking to enlarge the area of encroachment to the extent indicated in Pleader Commissioner’s report. The same has been rejected on the ground of delay, namely, after the plaintiffs learnt of the allegedly extra area of encroachment fourteen witnesses on behalf of the plaintiffs have been examined. 3. Learned counsel for the defendants (opposite parties) supports the impugned order. 3 4. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It is evident that the Pleader Commissioner’s report is of 30.1.2007, indicating therein the extent of alleged encroachment. The plaintiffs filed the amendment application after lapse of a little less than two years. Secondly, it is a suit of 1995. Furthermore, the present civil revision application was lodged on 30.3.2009, and the learned counsel for the parties are not aware of the progress made in the suit in the meanwhile. However, in the facts and circumstances of the present case, and also in view of the position that the proposed amendment does not change the nature of the suit and does not prejudice the defendants, I allow this civil revision application with the undertaking on behalf of the plaintiffs (the petitioners herein) that, on account of the instant amendment of the plaint, they shall re-examine only the Pleader Commissioner. 5. In the result, this civil revision application is allowed. The impugned order dated 13.1.2009, is hereby set aside, the amendment application in question is hereby allowed with the clear undertaking on behalf of the 4 plaintiffs (the petitioners herein) indicated hereinabove. The learned trial court shall proceed in accordance with the law and the observations made hereinabove. (S K Katriar, J.) S.K.Pathak/