IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1032 of 2008 1. Rozid Mian 2. Wazir Mian 3. Nazir Mian, all sons of late Habib Mian, all resident of Village-Gurwalia Beldar Tola, Post Office-Bharwa Tola, Police Station- Chanpatia, District-West Champaran ---- Plaintiffs-Respondents Ist Parties ---- Petitioners. Versus 1. Rahman Mian 2. Jalil Mian 3. Nannu Mian 4. Mobarak Mian 5. Tabarak Mian, all sons of late Mauladdin Mian, 6. Bibi Sabujan- since dead, all resident of Village Gurwalia Beldar Tola, Post Office-Bharwa Tola, Police Station-Chanpatia, District-West Champaran. 7. Bibi Rasidan, daughter of Mauladdin Mian, wife of Ash Mohamad, resident of Village Bahurwa, Post Office and Police Station-Lauria, District-West Champaran --- Defendant 2nd Parties-Appellants-Opposite Parties. 8. Yasin Mian 9. Nathu Mian, both sons of Alladdin Mian, both resident of Village-Gurwalia Beldar Tola, Post Office-Bharwa Tola, Police Station- Chanpatia, District-West Champaran. 10. Bibi Mairuna, daughter of late Alladdin Mian, wife of Ash Mohamad, resident of Village-Tunia, Post Office and Police Station-Chanpatia, District-West Champaran --- Defendant Ist Party-Respondent 2nd Party ---- Opposite Parties. 11. Islam Mian 12. Kayum Mian 13. Mahmud Mian, all sons of late Sah Mohammad Mian. 14. Bibi Kashiran, wife of late Ranjan Mian, all resident of Village-Gurwalia Beldar Tola, Post Office-Bharwa Tola, Police Station-Chanpatia, District-West Champaran. 15. Nathu mian 16. Mohar Mian, both sons of late Rahman Mian, resident of Village- Gurwalia Tola Bharpatia, Post Office- Gurwalia, Police Station-Bettiah Muffasil, District- West Champaran. 17. Bibi Mali, wife of Sagir Mian, daughter of Ramjan Mian, resident of Village-Chanpatia, Post Office and 2 Police Station-Chanpatia, District- West Champaran. 18. Bibi Ida, daughter of late Rahman Mian, resident of Village-Gurwalia Tola Bharpatia, Post Office-Bharwa Tola, Police Station-Bettiah Mufassil, District-West Champaran. 19. Bibi Jalekha, daughter of late Rahman Mian, wife of Rustam Mian, resident of Village-Amaithai, Post Office and Police Station- Chanpatia, District-West Champaran. 20. Bibi Aaisi, daughter of Rahman Mian, resident of Village-Gurwalia Tola Bharpatia, Post Office and Police Station-Bettiah Mufassil, District-West Champaran ---- Defendant 3rd Party—respondent 3rd party— Opposite Parties. 21. Bibi Matizan, daughter of late Habib Mian, wife of Islam Mian, resident of Village-Sathi, Post Office and Police Station-Sathi, District-West Champaran. 22. Bibi Lalbun, daughter of late Habib Mian, wife of Wakil Mian, resident of Village-Gurwalia Tola Bharpatia, Post Office-Gurwalia, Police Station-Bettiah Mufassil, District-West Champaran. 23. Bibi Tizan, daughter of late Habib Mian, wife of Baskarim Mian, resident of Village- Bahuarwa, Post Office and Police Station- Lauria, District-West Champaran ---- Defendant 4th Party--- Respondent 3rd Party ---- Opposite Parties. ---------------------------------- 7. 21.10.2011 Heard Mr. Prashant Ved Sen for the petitioners, and Mr. Binod Kumar Ambastha for respondent nos. 8, 9 and 10. The plaintiffs are the petitioners, and are aggrieved by the order dated 16.5.2008, passed by the learned Fast Track Court I, Bettiah, West Champaran, in Title Appeal No.29 of 1996, whereby application for amendment of the plaint has been rejected. We have perused the materials on record and 3 considered the submissions of the learned counsel for the parties. The present petitioners have instituted the suit which in substance is a partition suit. Both the parties led exhaustive evidence before the learned trial court leading to disposal of the suit on merits. Thereafter the defendants preferred the aforesaid appeal. During pendency of the appeal, the plaintiffs filed the instant application for amendment of the plaint which has been rejected by the impugned order. For the reasons assigned in the impugned order, I am of the view that the learned appellate court has rightly rejected the application for amendment of the plaint. It appears to be a case of gross laches and negligence. There is no observation in the order of the learned trial court that the facts sought to be incorporated in the plaint at this belated stage are within the knowledge of the plaintiffs, or could be known with due diligence, when the suit was pending. We agree with the impugned order. I am, therefore, not inclined to allow this application. The civil revision application is dismissed. Vinay/ ( S. K. Katriar, J.)