IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.463 of 2009 OM PRAKASH SAH @ OM PRAKASH S/O LATE CHOOTAN PRASAD R/O MOHALLA- MAUNA, P.O. AND P.S. CHAPRA TOWN, DISTRICT- SARAN ….. DEFENDANT-PETITIONER Versus 1.SMT.GAYATRI DEVI W/O SHIVAJI SINGH, D/O PARAS NATH SINGH 2.SMT. RITA DEVI W/O UPENDRA KUMAR SINGH D/O BHAGIRATH SINGH BOTH ARE RESIDENT OF MOHALLA- BARA TELPA NAI BASTI, P.S. CHAPRA TOWN, DISTRICT- SARAN. ……. PLAINTIFF-OPP.PARTY 1ST SET 3.ASHOK KUMAR 4. DILIP KUMAR BOTH SONS OF LATE CHHOTAN PRASAD, R/O MOHALLA MAUNA, P.O. AND P.S. CHAPRA TOWN, DISTRICT SARAN ….. DEFENDANTS- OPP.PARTIES ----------- 2. 25/03/2009 Heard learned counsel for the petitioner. Defendant petitioner has filed this revision application against order dated 17.10.2008 passed by 5th Civil Judge, Sr.Division, Saran at Chapra in T.S.No.467 of 2007, by which the application of the plaintiff for amendment of the plaint has been allowed. Learned counsel for the defendant petitioner submits that upon amendment the plaintiff has introduced new facts which were already in the knowledge of the plaintiff but only to defeat the stand of the defendant in the written statement, plaintiff filed the amendment - 2 - petition now. From the amendment it apparent that the same does not change the nature of the suit and therefore, learned court below has not committed any illegality in allowing the same. However, it goes without saying that after amendment of the plaint, defendant will get fresh right to file additional written statement, which liberty has already been given to the defendant. In that view of the matter, I do not find any merit in this revision application and the same is accordingly dismissed. Pradeep/ (J. N. Singh, J.)