IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9552 of 2011 Abdul Qudus Versus Mohammad Hanif & Ors ---------------------------------- 5. 19.9.2011 Heard the learned counsel for the petitioner. The defendant petitioner has challenged the order dated 12.5.2009 passed by the Civil Judge 1st Junior Division, Madhepura in Title Suit No. 117 of 2001 whereby the learned court below allowed the amendment of the plaint filed by the plaintiff respondent. The learned counsel for the petitioner submitted that by the amendment the plaintiff sought to change the case earlier made out in the plaint and thereby prejudiced the defendant petitioner. From perusal of the impugned order it appears that the learned court below found that the amendment sought for is formal in nature and the nature of the suit is not going to be changed and therefore, allowed the application for amendment. From perusal of the amendment application also it appears that some formal nature of amendment is sought for. The suit has been filed for declaration of title and confirmation of possession. After amendment also the prayer remained same. This suit has been filed in the year 2001 that is prior to addition of Proviso to Order 6 Rule 17 C.P.C. by 2 Amendment Act No.22 of 2002. In such circumstances, I do not find any jurisdictional error in the impugned order. Accordingly, this writ application is dismissed. S.S. (Mungeshwar Sahoo,J.)