IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.401 of 2009 NARENDRA NATH KHAREY SON OF LATE BALDEO SAHAY, RESIDENT OF VILLAGE – FULWARIA TOLE SHEOPUR, POLICE STATION-MAIRWA AT PRESENT OF BHAW NATH MANDIR, NAI BAZAR, P.S. AND DISTRICT – SIWAN. -------PLAINTIFF-PETITIONER. Versus 1. NAGINA SHARMA SON OF LATE GARJU SHARMA 2. PARAS SHARMA 3. PARMATMA SHARMA BOTH SONS OF NARINA SHARMA ALL THREE ARE RESIDENTS OF VILLAGE – KABIRPUR, P.O. – KABIRPUR, P.S. – MAIRWA, DISTRICT – SIWAN. 4. GAYAN PRAKASH KHARE SON OF HARENDRA NATH KHAREY, RESIDENT OF VILLAGE – FULWARIA TOLE SHEOPUR, P.O. – MAKRIYAR, P.S. – MAIRWA, DISTRICT – SIWAN. -----DEFENDANTS-OPPOSITE PARTIES. ----------- For the petitioner : Mr. Raghav Prasad, Advocate. For the opposite parties: None. --------- 2. 18/3/2009 Heard learned counsel for the petitioner. The plaintiff-petitioner is aggrieved by the order dated 23.1.2009 passed by the Additional Munsif-III, Siwan, in Title Suit No. 235 of 1987 whereby his prayer for amendment has been rejected by the court below. Learned counsel for the plaintiff-petitioner submits that the copies of sale deeds were filed in the year 2008. Thereafter the steps for amendment in the plaint for challenging aforesaid sale deeds has been taken by the plaintiff. The trial court on due consideration of rival submission has come to the conclusion that the written statement was filed by the defendant No. 1 on 20.8.1998 itself after serving a copy upon the other side. In paragraph-35 of the aforesaid written - 2 - statement, the details of two sale deeds dated 15.1.85 and 18.1.85 have been clearly stated but the plaintiff did not take any step for challenging those sale deeds for about eight years. Now, when the limitation period for challenging the sale deeds are over, the prayer for amendment of the plaint for challenging those sale deeds has been made. Thus, the same has been rejected. I do not find any jurisdictional error in the impugned order dated 23.1.2009. As a result, this Civil Revision application is dismissed. S.Ali (Dr. Ravi Ranjan, J.)