IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1598 of 2006 KALAWATI DEVI Versus SONE LAL SAH ----------- 3 13.01.2009 Heard counsel for the petitioner. Counsel for the petitioner submits that the amendment petition dated 6.10.2005 (Annexure-1) seeking such amendment in the written statement was in two parts and whereas its paragraphs 1 to 9 related to amendment in the different paragraphs of the written statement, Paragraph Nos. 10, 11 thereof were by way of counter claim. Counsel further submits that in view of the valuation of the counter claim and change of pecuniary jurisdiction as also restriction imposed under Order VIII Rule 6(A) of the Code of Civil Procedure, the court below was wholly justified in rejecting the counter claim as it had exceeded the pecuniary jurisdiction. He however, raises a plea that other amendment sought in paragraph Nos. 1 to 9 were in fact not at all considered by the court below by the impugned order which by itself is a jurisdictional error. In the opinion of this Court, the petitioner seems to be correct to that extent that the Court below was also required to apply its mind on such prayer of the petitioner with regard to the amendment sought in the - 2 - above paragraphs of the written statement as explained in Item No. 1 to Item No. 9 of the application seeking amendment (Annexure-1). The court below in fact has more or less only decided the amendment application with reference to the counter claim and therefore, the court below would be still required to make a fresh exercise as with regard to the remaining amendment sought in the written statement. It is however, made clear that the Court below in view of the present order passed by this Court will not allow the petitioner to raise any other fresh amendment in the written statement beyond Annexure-1 and again this order should not be taken as expressing any opinion on the merits of such prayer of the petitioner for amendment of the written statement. It would be thus open for the court below to decide the correctness and admissionability and legality of allowing such amendment in the written statement. With the aforementioned observations and directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)