IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1303 of 2006 YOGENDRA SINGH @ YOGENDRA PRASAD SINGH Versus ANAND KUMAR SINGH & ANR ----------- 2 28.7.2008 Heard Counsel for the petitioner. In view of the fact that there was no case of the plaintiff/petitioner in his plaint assailing the survey entry and that the defendant had specifically raised such a plea in paragraph no.10 of the written statement relying on such survey entry, the prayer for amendment in plaint, after the parties had proceeded to adduce their evidence, and had concluded their arguments, was wholly belated and was rightly rejected at a stage in when judgment was reserved. Such refusal in amendment of the plaint by seeking relief against the survey entry as with regard to the land in question i.e. suit property, to be not binding on plaintiff petitioner cannot be said to be vitiated by any jurisdictional error or material irregularity. In the opinion of this Court, the Court below has rightly rejected such a wholly belated prayer for amendment of plaint which on the face was also malafide. In that view of the matter, this civil revision application must fail and is hereby dismissed with a cost of Rs. 1,000/- which would be realized by contesting defendant from the petitioner. Rsh (Mihir Kumar Jha, J.)