IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1088 of 2009 Brahmdeo Prasad Keshri @ Ramshwaroop Keshri S/o Late Ganesh Lal Keshri, resident of Mohalla Khas Bazar, Kharagpur P.O. and P.S. Haveli Kharagpur Dist. Munger Petitioner Versus 1. Mostt. Sabitri Devi W/o Sitaram Keshri 2. Vishwanth Keshri 3. Ramnath Keshri 4. Deonath Keshri All sons of Late Sitaram Keshri 5. Kumari Kalyani minorD/o late Sitaram Keshri resident of Mohalla Khas Bazar, Kharagpur P.O. and P.S. Haveli Kharagpur Dist. Munger 6. Smt Niranjan Keshri D/o late Sitaram Keshri and wife of Sri Yogendra Prasad resident of Mohalla Meerbad P.O and P.S. Jharia Dist. Dhanbad 7. Smt Sakuntala Kesarai D/o Late Sitaram Keshri and wife of Sri Dilip Kumar Keshri resident of Mohalla Barapatti P.O. and P.S. Jharia Dist. Dhanbad (Jharkhand) 8. Kusum Devi D/o late Sitaram Keshri W/o Sri Pramod Prasad Keshri resident of Dukhi Sah Road, Jhausagarhi P.O. P.S. and Dist. Deoghar (Jharkhand) 9. Smt Baideshi Keshri D/o late Sitaram Keshri and w/o Sri Anil Prasad Keshri resident of village Mahadewa Road P.O. and P.S. Arrah Dist. Bhojpur Opposite Ist party 10. Kashinath Keshri @ Kailashnath Keshri S/o Brahmadeo Pd. Keshri @ Ramswaroop Keshri resident of Mohalla Khas Bazar, Kharagpur P.O. and P.S. Haveli Kharagpur Dist. Munger Opposite 2nd party ----------- For the petitioner: Mr Nandan Roy, Sr. Advocate Mr Rama Sinha ,Advocate For the Opposite parties: None -------------- 02 23.07.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the applicant- petitioner challenging order dated 18.06.2009 by which learned Munsif I, Munger rejected his petition for amendment of his application bearing no. Misc. Case no. 2 of 2009 which was filed by him under the provision of section 47 read with Order XLI Rule 27 of the Code of Civil Procedure. - 2 - 3. The aforesaid miscellaneous case was initiated on the application filed by the petitioner in Execution Case which had arisen out of Eviction Suit no. 19 of 2001. In paragraph 6 of the said miscellaneous case, it was stated that Girdhari Lal Keshari died in the year 1971 and his wife Chinta Devi died before him. This statement is sought to be amended by the applicant-petitioner for which he filed an amendment petition by way of introducing 1967 in place of 1971 and deleting the word typed thereafter. 4. The learned court below has considered the entire matter in detail and has found that hearing of the miscellaneous case had started on 21.05.2009 and after producing seven witnesses the amendment application had been filed and hence it can not be allowed. It was further stated that with respect to the aforesaid Eviction Suit no. 19 of 2001 this High Court has already passed an order that the miscellaneous case should be disposed of within two months. The learned court below has come to the conclusion that only to circumvent the time frame granted by this court and to delay the matter further, the instant petition for substitution has been filed. In the aforesaid facts and circumstances, this Court does not find any illegality in the impugned order by the learned court below nor finds any jurisdictional error therein. Accordingly, this civil revision is dismissed. shahid (S.N.Hussain, J)