IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10120 of 2010 1. BINOD PRASAD S/O VISHWANATH PRASAD R/O BARH, STATIONPAR, P.S.BARH, DISTT-PATNA, PRESENT RESIDENT AT MOHALLA RAMCHANDRAPUR, P.S.LAHERI, DISTT-NALANDA 2. SUNIL KUMAR S/O MISHRI LAL R/O MOH MOGALKUAN, P.S.SOHSARAI, DISTT-NALANDA 3. BHOLA PRASAD S/O LATE RAM CHANDRA PRASAD R/O MOH JALALPUR, TOWN BIHAR SHARIF, P.S.SOHASARAI, DISTT- NALANDA Versus 1. DAHU MAHTO @ DAHU BHAAGAT S/O LATE LEELA MAHTO R/O MOH CHHOTI PAHARI, P.S.&P.O.SOHASARAI, DISTT- NALANDA 2. ANIL KUMAR S/O SRI DAHU MAHTO @ DAHU BHAGAT R/O MOH CHHOTI PAHARI, P.S.&P.O.SOHASARAI, DISTT-NALANDA ----------- 2. 03.02.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 18.5.2010 by which his application for amendment in Misc. Case No. 69 of 2008 under order 9 Rule 13 has been disallowed. By the amendment the petitioner as the tenant defendant under the ex parte decree wishes to insert objection that he is in possession and is carrying on his business, the possession desired by the plaintiff was illegal. If an ex parte decree has been passed under Order 9 Rule 13, that provision is only concerned with whether the ex parte decision shall be set aside provided sufficient cause is shown. If 2 the application under order 9 Rule 13 is not allowed, different considerations arise for the parties. If an application under Order 9 Rule 13 is allowed, the suit revives and all claims of the parties including of the defendant, of the nature sought to be raised in the order 9 Rule 13 application are naturally matters to be decided in the suit itself with regard to the nature and extent to which relief may or may not be granted to the plaintiff. The Court finds no reason to interfere with the impugned order, as if the application under order 9 Rule 13 is allowed, the interest of the petitioner as sought to be propounded in the amendment to the Miscellaneous application shall stand fully protected for consideration in accordance with law. The application stands dismissed. P. Kumar ( Navin Sinha, J.)