IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2079 of 2008 DR. SHIV SHANKAR CHOUBEY & ORS Versus DINA NATH KAHAR & ORS ----------- 2 12/12/2008 Heard counsel for the petitioners. In the opinion of this Court mere addition of one plot by way of amendment in the plaint would not definitely have changed nature of the suit. That being so, the impugned order refusing amendment in the plaint cannot be sustained. The view taken by the court below that such amendment would necessitate filing of an additional written statement and also payment of further court fee, can hardly be a ground for refusing amendment in the plaint. This Court, however, has found that the suit is of the year 1984 and the amendment which is sought to be made was with regard to the events of a sale deed which was well within the knowledge of the petitioners. Thus, when an amendment is now sought to be made after almost 25 years, the petitioners being plaintiffs would be required to compensate the loss caused to the defendants which may be 2 occasioned on account of amendment in the plaint. Such cost for the amendment in the plaint is quantified as a sum of Rs. 5,000/-, which must be paid by the petitioners to the defendants within a period of one month from the date of receipt/production of a copy of this order. Subject to the aforementioned condition, amendment sought for by the petitioners is allowed and the court below is directed to ensure that the proceeding of silver jubilee case must come to an end within the next nine months to be reckoned from the date of receipt of this order. With the aforementioned observation and direction this application is allowed. (Mihir Kumar Jha, J.) Abhay Kumar