IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.73 of 2007 YOGENDRA SINGH @ GHORA SINGH & ANR. Versus CHITRALEKHA DEVI ----------- 4 10/7/2008 Heard counsel for the petitioners. Petitioners are aggrieved by order dated 22.12.2006 refusing amendment in the written statement. Counsel for the petitioners has submitted that whatever amendment were proposed in the written statement as detailed in the Schedule-A application seeking amendment were formal in nature and in any event did not change nature of the suit which still remained out and out a partition suit. In this context, he has submitted that either measurement of the land by Bigha, Katha or Dhur, or the description of dimensions thereof can never change nature of the suit. He further submits that for this amendment which were formal in nature, no further evidence is required and therefore approach of the court below in rejecting the application for amendment was wholly vitiated in law, both by material irregularity as also an error of jurisdiction. There being no opposition to such submission of the counsel for the petitioners, in as much as, the sole opposite party, the plaintiff, even after service of notice has not chosen to appear, this Court finds merit in the aforesaid submission of counsel for the petitioners. The court below in fact has curiously come to a finding that on account of change of 2 measurement of land and/or description thereof, nature of suit would change. The impugned order is obviously vitiated by error of jurisdiction and as such cannot be sustained. Accordingly, the impugned order is set aside. It is, however, made clear, as has been rightly conceded by the counsel for the petitioner, that after effecting amendments no further evidence will be required and the court can proceed to conclude hearing and deliver judgment. This Court would accordingly direct the court below to incorporate the amendment in written statement and proceed ahead in accordance with law. In the result this application is allowed with the aforementioned observations and directions. ( Mihir Kumar Jha, J.) Abhay Kumar