IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21880 of 2011 Sukath Bhagat Versus Mostt.Deobanti Kuer & Ors ---------------------------------- 04. 22.12.2011. Heard the learned counsel for the defendant- petitioner. This application has been filed under Article 227 of the Constitution of India against the order dated 14.10.2011 passed by Sub Judge VIIIth Siwan in title suit No.327 of 2005 whereby the learned Court below allowed the amendment application filed by the plaintiff-respondent. The plaintiff-respondent filed the aforesaid title suit claiming that declaration of title and confirmation of possession. The defendant appeared and filed contesting written statement claiming title and possession over the suit property. Thereafter, the plaintiff filed the amendment application claiming recovery of possession of the suit property. The learned Court below considering the fact that only issues have been framed and the parties have not yet filed the list of witness and the documents and, therefore, the trial has not commenced allowed the amendment. According to the learned Court below, the amendments sought for is formal in nature and it will not change the nature of the case. It is well settled principle of law that pre-trial - 2 - amendment should be allowed liberally and moreover in the present case only prayed for recovery of possession has been made and the learned Court below has allowed the said prayer, therefore, in supervisory jurisdiction, I do not find any illegality or impropriety or jurisdictional error in the impugned order. As such it cannot be interfered with. Thus, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)