IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.994 of 2007 SMT. NAMRATA AGRAWAL Versus SHRI SANDEEP KUMAR AGRAWAL ----------- 2 26.8.2008 Heard Counsel for the petitioner. In the opinion of this Court, the impugned order rejecting the application seeking amendment in the plaint filed by the wife, the opposite party, cannot be sustained for a simple reason that the divorce was claimed both on the grounds of cruelty and desertion and in the proposed amendment, certain references were made of incidents which had only sought to explain the nature of ongoing dispute between the parties. This Court on perusal of the averments made in the plaint and/or the dates which were sought to be changed by brining amendment in the plaint is satisfied that when the defendant, husband in paragraph no.1 to 40 of his written statement had not taken any specific defence as with regard to any particular date and had made a part denial to the averments made in different paragraphs of the plaint, there was no occasion for him to claim any prejudice to him. In the opinion of this Court, such amendment being sought by the plaintiff, the wife in her plaint was at best explanatory in nature and ought to have been allowed as they did not go to change the 2 nature of the suit which still remained as suit for divorce on the twin ground of cruelty and desertion. In view of the fact that it is a matrimonial case and is pending for last three years, this Court would allow this civil revision application by setting aside the impugned order and would direct the Court below to consider the prayer of the petitioner afresh in the light of the fact as to whether there would be any change in the nature of the suit. merely because some dates were given in the plaint which were now sought to be replaced. In case, the Court below still is of the view that it will change the nature suit, it would give reasons for it. With the aforesaid observations and directions, this civil revision application is allowed to the extent mentioned above. Rsh (Mihir Kumar Jha, J.)