IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.611 of 2008 SOMIYA DEVI @ SUGAWATI DEVI & ANR Versus SMT. SOBHANI DEVI & ANR ----------- 2. 17.12.2008 Heard counsel for the petitioner. In the opinion of this Court the only ground weighing for the court below for rejecting the prayer of amendment in the plaint that in view of proposed amendment, there would be withdrawal of an admission already made in the plaint by the plaintiff petitioner does not seem to be correct and thus is also not appreciable to this Court. In paragraph 10 and also in paragraph 25 of the plaint it has been categorically mentioned that Somiya Devi had 4 bigha 15 katha of land out of which 1 bigha was sold by a registered sale deed on 25.7.1978 and for the rest of the area being 3 bigha 15 katha, in the month of March, 2005, when the plaintiff met the Karamchari for getting its rent receipt it was made known to them through the Karamchari that out of these 3 bigha and 15 katha, 1 acre 97 decimals of land had been mutated in the name of defendant no.1. It is the said cause of action leading to discovery of deed of gift dated 25.7.1978 which became the 2 subject matter of the suit and obviously none of this part of the averments made in the plaint would get changed on account of mere substitution of the figure 4 katha 15 dhur in place of 3 katha 15 dhur in paragraph 12 of the plaint which on the face of records seems to be only explainatory or clarifactory in nature. Thus there seems to be some confusion and/or error in recording the aforementioned finding by the court below in the impugned order. This Court, however, would not like to put a last and conclusive word in this regard and therefore, while setting aside the impugned order, would only direct the court below to reconsider the prayer of the petitioner for amendment in the plaint afresh in the light of the averments made in the plaint. Strictly in terms of Order-VI Rule 17 of the Code of Civil Procedure and allow the same if such amendment would not change the nature of suit. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha,J.) Surendra/