IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1373 of 2006 RAJANI RANJAN TRIVEDI Versus JAWAHAR SAH & ORS ----------- 2. 18.11.2008 Heard counsel for the petitioner. This Court on perusal of the materials on record including the impugned order would not find any jurisdictional error to have been committed by the court below in rejecting the prayer of amendment in the plaint. The plaintiff petitioner had initially filed a suit for eviction in the year 2000. A written statement was filed by the defendant opposite party questioning the title of the petitioner as also setting up a parallel claim of title. Thereafter the petitioner had sought amendment in the plaint by filing an application on 10.9.2002 which was allowed by the court below by its order dated 26.6.2004. It further transpires that a title suit between the parties i.e. the petitioner and the opposite parties of this case being Title Suit No. 589/2003 with regard to the premises in question is also pending and as such, the plea of the petitioner in yet another amendment 2 Surendra/ application filed on 7.3.2006 now seeking to not only change the pleadings in almost all material paragraphs of the plaint but also introducing the relief of declaration of his title as also recovery of possession was not only belated but also malafide. True it is that in an eviction suit the plaintiff on being questioned of his title can seek remedy of also getting his title declared but as noticed above, not only a separate title suit for this very purpose is pending but such amendment in the plaint was sought after six years of filing of the suit. In that view of the matter, if the court below has recorded a finding that such amendment was not permissible and the same was capable of in fact changing the nature of the suit, no fault can be found by this Court and the impugned order cannot be interfered within the limited parameters of section 115 C.P.C. That being so, this application is wholly misconceived and is accordingly dismissed. (Mihir Kumar Jha,J.) 3 Surendra/