IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21826 of 2011 Md.Anwar & Ors Versus Motiur Rahman @ Moti & Ors ---------------------------------- 02. 13.12.2011. Heard the learned counsel, Mr. Chandrakant, on behalf of the petitioner. The plaintiff has filed this application under Article 227 of the Constitution of India against the order dated 04.08.2011 passed by Sub Judge I, Siwan in title suit No.213 of 2003 whereby the Court below has allowed the amendment application filed by the defendant-respondent for amendment of the written statement. From perusal of the impugned order, it appears that the learned Court below found that the amendment sought for by the defendant- respondent in the written statement are explanatory in nature and moreover, it is admitted fact that still trial has not commenced. In such circumstances, there is no question of prejudice to any party arises. Moreover, the merits of the amendment cannot be decided at this stage. Considering the above facts and circumstances of the case, it appears that the learned Court below has rightly allowed the - 2 - amendment application. Therefore, in supervisory jurisdiction, the impugned order cannot be interfered with. Thus, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)