IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.719 of 2009 Braj Kishore Roy son of Late Triveni Roy, resident of village Rajba Pragna - Parari, P.S. Rosera, at present P.S. Hasanpur, Distinct Samastipur(Darbhanga) ……..Plaintiff-Petitioner. Versus 1. Mostt. Shail Kunwar @ Shail Devi wife of Late Saryug Roy, resident of Rampur Rajwa, P.S. Hasanpur, District Samastipur. 2. Sumitra Devi wife of Shatrughan Choudhary, resident of village Kolhata Patori, P.S. Basuaara, District Darbhanga. 3. Shuwaj Pari wife of Awadesh Prasad Singh, resident of village Morsand, P.S. Morsand, District Samastipur. 4. Savitri Devi wife of Bishundeo Prasad Singh, resident of village Jagatpura P.S. Jagatpura, District Begusarai. 5. Urmila Devi wife of Ram Udgar Singh, resident of village Moktiyarpur, P.S. Begusarai, District Begusarai. 6. Prem Kumari Devi wife Agast Prasad Singh, resident of village Dhrubgama, P.S. Kalyanpur, District Samastipur. 7. Munchun Kumari daughter of Saryug Rai, resident of village Rampur Rajwa, P.S. Hasanpur, District Samastipur. 8. Aditya Narayan Rai son of Saryug Rai, resident of village Rampur, P.S. Hasanpur, District Samastipur, 9. Usha Kumari wife of Nand Kishore Rai 10. Amitabh Rai 11. Kumari Malti 12. Chanchal Kumari, All son and daughters of Nand Kishore Rai 13. Renu Kumari daughter of Nand Kishore Rai 14. Sanjay Prasad Rai son of Late Bhagwat Rai 15. Smt. Uttama Devi wife of Bhgwat Rai 16. Suman Kumari Devi 17. Sunandan Kumari Devi 18. Sulekha Kumari Devi, all daughters of Bhagwat Rai 19. Nand Kumari Devi wife of Bed Narayan Rai , all resident of village 2 Chandauli, P.S. Warisnagar, District Samastipur. 20. Ram Kumari Devi wife of Ramdeo Mishra, resident of village Dwarikanagar, P.S. Sadar Muzaffarpur, District Muzaffarpur. 21. Sindhu Devi wife of Basant Tiwari, resident of village Malpur, P.S. Tajpur, District Samastipur 22. Jagdish Prasad Rai @ Sudan Rai son of Bhagwat Rai. 23. Shiv Shankar Rai son of Baldeo Rai 24. Sumitra Kunwar wife of Baldeo Rai 25. Chandrakala Devi 26. Manjula Devi, both daughters of Baldeo Rai 27. Mostt. Ramparti Devi wife of Baldeo Rai 28. Sushila Devi wife of Jai Palak Singh daughter of Baldeo Rai, all residents of village Rampur Rajwa, P.S. Hasanpur District Samastipur. 29. Smt. Mayawati Devi wife of Ram Swaroop Singh 30. Ram Biraji Singh 31. Nand Kishore Singh 32. Shanti Devi, all sons and daughter of Ram Swaroop Singh, all residents of village Kubauli , P.S. Bangra, District Samastipur. 33. Narendra Kumar Mishra son of Ramakant Mishra, resident of village Patour , P.S. Hayaghat , District Darbhanga, 34. Smt. Bibha Kumari Devi wife of Chandra Bhushan Thakur, resident of village Tepari, P.S. Muzaffarpur, District Muzaffarpur. 35. Smt. Veena Devi wife of Janardan Prasad Singh, resident of village Dhrubgama, P.S. Kalyanpur, District Samastipur. 36. Smt. Navina Devi wife of Navneet Prasad Singh, resident of village Dhrubgama, P.S. Kalyanpur, District Samastipur., opposite party nos.33 to 36 at present residing at village Rampur Rajwa, P.S. Hasanpur, District Samastipur. 37. Smt. Shakuntala Devi wife of Kameshwar Thakur, resident of village Rampur Rajwa, P.S. Hasanpur, District Samastipur. 38. Mostt. Bhagwati Devi wife of Bishwanath Rai 39. Shiv Shankar Rai son of Bishwanath Rai 40. Madhavi Devi daughter of Bishwanath Rai 3 41. Indu Kumari wife of Bishwambhar Singh 42. Durga Prasadi Rai 43. Radha Prasadi Rai, both Dwarika Prasad Rai 44. Chandra Kala Kunwar wife of Dwarika Prasad Rai 45. Pradumn Kumar Rai 46. Munna Rai 47. Pankaj Rai, all sons of Durga Prasad Rai 48. Chunnu Rai 49. Mukesh Rai, both sons of Radha Prasad Rai 50. Shambhu Shankar Rai alias Nunu Rai S/o Vishwanath Prasad Rai 51. Shankar Shambhu Rai S/o Vishwanath Prasad Rai, opposite parties no.38 to 51 are residents of village Rampur Rajwa, P.S.Hasanpur Road, District Samastipur. 52. Sakhawati Devi daughter of Ramji Jha 53. Savitri Devi wife of Ramakant Mishra, both residents of village Dewdha Phulhata , P.S. Hasanpur, District Samastipur,. 54. Sarswati Devi wife of Babunath Choudhary, resident of village Hirni, P.S. Kusheshwar Asthan, District Darbhanga. 55. Sachitra Devi wife of Lal Babu Mishra, resident of village Dewdha Phuhata, P.S. Hasanpur, District Samastipur. 56. Vineet Pathak, 57. Meena Devi, both son and daughter of Abhay Kant Pathak, both residents of village Kusheshar Asthan, P.S. Kusheshar Asthan , District Darbhanga. 58. Maheshwar Jha @ Budhiyar Jha son of Pulkit Jha 59. Madhweshwar Jha son of Pulkit Jha 60. Ghanshyam Jha 61. Radheshyam Jha 62. Dundar Shyam Jha, all sons of Maheshwar Jha, all residents of village Shashan, P.S. Hasanpur, District Samastipur. 4 63. Mostt. Ratikala Devi wife of Paremshwari Rai 64. Shanti Devi daughter of Parmeshwari Rai 65. Shambhu Rai 66. Upendra Rai son of Mathura Prasad Rai 67. Smt. Kala Devi wife of Ganjanand Rai 68. Ganesh Prasad Singh 69. Shail Kumari 70. Sarmistha Devi 71. Manorama Devi 72. Renu Devi, all sons and daughters of Ram Sharan Singh. Opposite party nos.63 to 67 residents of village Rampur Rajwa, P.S. Hasanpur, District Samastipur, opposite party nos.68 to 72 residents of village Bhushwar, P.S. Bibhutipur, District Samastipur. 73. Arun Kumar Singh son of Brahamdeo Singh 74. Bachchi Devi 75. Baban Devi 76. Lalita Devi All daughters of Brahamdeo Singh, all residents of village Gadhpura, P.S. Gadhpura, District Begusarai. 77. Arun Singh son of Ishwari Singh 78. Soni daughter of Arun Singh, both resident of village Garhpura, P.S. Falka, District Katihar. 79. Ram Kumari Devi wife of Raghubir Sharan Singh, resident of village Kubauli, P.S. Tajpur, District Samastipur, all opposite parties no.73 to 79 at present residing at village Rampur, P.S. Hasanpur, District Samastipur. 80. Ramanand Rai son of Ambika Rai of Rampur, P.S. Hasanpur, District Samastipur. 81. Alok Rai son of Ramanand Rai 82. Shiv Kumar Rai 83. Vijay Kumar Rai 84. Ajay Kumar Rai 85. Abhay Kumar Rai 5 86. Prabhakar Rai, all sons of Shatrughan Rai, all residents of village Rampur, P.S. Hasanpur, District Samastipur, Opposite party no.83 at present residing at Katarmala, P.S. Chandpura, District Begusarai, 87. Neelam Devi wife of Nityanand Singh, D/o Shatrughan Rai, resident of village Meghoul, P.S. Khodabadpur, District Begusarai. 88. Ramashrai Rai son of Bhup Narayan Rai. 89. Naresh Rai 90. Anil Kumar Rai, both sons of Gokhul Rai, all residents of village Rampur Rajwa, P.S Hasanpur, District Samastipur. 91. Smt. Tunki Devi wife of Yogendra Thakur, daughter of Bhup Narayan Rai, resident of village Rampur Rajwa, P.S., Hasanpur, District Samastipur. 92. Ram Pramod Rai son of Mangal Rai 93. Chitralekha Kunwar wife of Late Ram Binod Rai. 94. Basudeo Rai 95. Ranju Kumar 96. Mamta Kumari, all sons and daughter of Late Ram Binod Rai, opposite parties no.92 to 96 residents of village Rampur Rajwa, P.S. Hasanpur, District Samastipur. 97. Smt. Dev Murti Devi wife of Jai Prakash Singh, resident of village Korai, P.S.Gadhpura, District Begusarai. 98. Gangotri Prasad Rai son of Tek Narayan Rai. 99. Rajeshwar Prasad Rai 100. Maheshwar Prasad Rai, both sons of Anirudh Prasad Rai, Opposite party nos.98 to 100 residents of village Rampur, P.S. Hasanpur, District Samastipur. 101. Jagdish Mukhiya son of Bidan Mukhiya, resident of village Bhikhnaulia, P.S. Bithan , District Samastipur. 102. Ramji Das Chela, Late Gaghuwar Das, resident of village Rampur, P.S. Hasanpur, District Samastipur. 6 103.Rajendra Yadav son of Late Gopi Yadav, resident of village Bakhari, P.S. Bithan, District Samastipur. 104. Mostt. Ram Sakhi Kunwar wife of Janardan Prasad Singh @ Lal Babu. 105. Chandra Bhushan Prasad Singh 106. Chandrashekhar Prasad Singh 107. Hareram Prasad Singh 108. Ram Prakash Singh, all sons of Late Janardan Prasad Singh alias Lal Babu, all residents of village Meghaul, P.S. Khodabandpur, District Begusarai. 109. Hira Prasad Singh 110. Chandra Mauli Prasad Singh, both son of Late Uchit Narayan Singh, both residents of village Meghaul, P.S. Khodabandpur, District Begusarai, 111. Surendra Prasad Singh son of Bishundeo Prasad Singh, resident of village Kalyanpur Samartha, P.S. Bibhutipur, District Samastipur, 112. Sushila Devi wife of Chandra Bhushan Singh, resident of village Kalyanpur, Fulhara, P.S. Kalyanpur, District Samastipur. 113. Sundari Devi wife of Late Ramdeo Singh, resident of village and P.S. Gadhpura, District Begusarai. 114. Laxmi Devi wife of Uday Chandra Thakur, resident of village Gohi, P.S. Waris Nagar, District Samastipur. 115. Smt. Guleshwari Devi wife of Ram Sudhari Yadav 116. Sanjeev Kumar Yadav, 117. Sunil Kumar Yadav, both sons of Ram Sudhari Yadav, all residents of village Karachi, P.S. Hasanpur, District Samastipur. 118. Lal Vijay Yadav son of Ganga Yadav, resident of village Bhikhnauliya, P.S. Bithan, District Samastipur. ….…..Defendants-Opposite parties 1st set. 119. Ram Badan Rai son of Late Triveni Rai, resident of village Ram Rajwa, Pargana -Parri, P.S. Hasanpur, 7 District Samastipur. ……...Plaintiff-Proforma Opposite party 2nd set For the petitioners : M/s V.Nath and Md. Waliur Rahman, Advocates. For the opposite parties : None. ----------- 05/ 12.08.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the sole plaintiff-petitioner challenging order dated 20.01.2009 by which the learned Civil Judge (Senior Division-I), Samastipur, rejected his petition for amendment of the plaint of Title Suit No.57 of 1965. 3. The aforesaid suit is about 44 years old and was filed in the year 1965 by the sole plaintiff-petitioner for partition of his share in the suit properties claiming them to be joint family properties acquired out of the joint family income. The defendants appeared in the case and some of them filed their written statements contesting the claim of the plaintiff on various grounds. It transpires that the issues were framed in the suit several decades back, whereafter evidence of the parties also started and was finally closed but the suit remained pending for arguments since 15.07.1995. 4. However, 13 years thereafter on 20.10.2008 the plaintiff filed a petition for amendment of the plaint stating that the description of the suit land given in the plaint was according 8 to Cadastral Survey but in the year 1969-70 revisional survey proceeding was started and finally revisional survey khatian was published in the year 1985 and the khatian and the map were distributed due to which it became incumbent to change the plot numbers from cadastral survey plot to revisional survey plot for future conveniences. This petition has been rejected by the learned court below vide order dated 20.01.2009, which is under challenge in the instant civil revision. 5. The learned court below considered the matter in detail and found that the plaintiff did not only want to change the plot numbers of cadastral survey to the plot numbers of revisional survey, rather he wanted some more amendments in schedule-2 and in paragraphs-8, 12, etc. of the plaint after such a long delay for which no explanation was validly given by him. 6. Furthermore, admittedly the revisional survey khatian was published in the year 1985 and no plausible reason has been assigned on behalf of the plaintiff as to why he did not get his plaint amended immediately thereafter, as the evidence of the parties was closed a decade thereafter in the year 1995. It is thus quite apparent that this is merely a dilatory ploy of the plaintiff to further delay the proceeding of the suit, which is already about 44 years old. It cannot be allowed, specially on the basis of such frivolous petition. 7. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the 9 impugned order of the learned court below, nor does it find any justification to allow the amendment petition of the plaintiff. Accordingly, this civil revision is dismissed with a direction to the learned court below to expedite the arguments of the parties, if not yet concluded and get the same concluded within three months from the date of receipt/production of a copy of this order and to decide the suit expeditiously. harish/ (S.N. Hussain, J.)