IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1981 of 2008 RAMAWATI DEVI & ORS Versus KHAGESHWAR YADAV & ORS ----------- 2 28/11/2008 Heard counsel for the petitioners. The story of king Bruce and the Spider has not only to be read in the annals of history but has also at times to be experienced in the field of litigation! In the present case, a suit of the year 1990 has been successfully kept pending by the plaintiffs-petitioners on the ground of amendment of the plaint. Hearing of the suit has already been completed and argument was concluded and while only judgment was to be delivered, an application came to be filed for allowing certain documentary evidence to be taken on record and since the Court allowed such prayer the plaintiff- petitioners found a good opportunity to reopen the whole case and that too from the stage of beginning, i.e, filing of the plaint. The proceedings were sought 2 to be revived, by making a prayer for incorporation of an amendment in the plaint which was allowed way back in the year 1997. When such prayer was rejected by the Court below on 18.9.2007 that order was allowed to become final but even then subsequently a fresh application for the same amendment was filed on a ground that since earlier application was rejected on 18.9.2007 that had given cause of action for filing a fresh application for the same amendment. The Court has considered this aspect and having rejected such prayer after noting all these facts has made the following observations:- “-----This amendment petition is a prime example of how a judicial process is being misused by uncruplous litigant---.” This Court is also in agreement with the view taken by the court below and in fact would find that this Civil Revision Application is wholly misconceived. Accordingly this application is dismissed. 3 Court below is directed to ensure that the suit itself is disposed of within a period of three months from the date of receipt/production of a copy of this order. (Mihir Kumar Jha, J.) Abhay Kumar