IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1040 of 2006 GANESH YADAV & ORS Versus RAM SHARAN YADAV & ORS ----------- 3 18.11.2008 Heard counsel for the petitioners and counsel for the opposite parties. The approach of the Court below in rejecting the amendment of plaint that too confined to description of alias name of the defendant No.1 or alias name of father of defendant No.1 seems to be too technical. From the pleadings on record, and specially paragraph No.13 of the plaint as also the corresponding statement made in the written statement this much is clear that there is no dispute with regard to genealogy and/or name of the parties. Therefore, if an alias name was sought to be incorporated for any purpose whatsoever, the same in no view of the matter could have been rejected inasmuch as neither it was capable of changing of the nature of the suit nor was going to cause prejudice to the opposite party. Mr. Ambuj Narayan Chaubey in fact would submit that the Court below has unnecessarily harassed the petitioner by coercing the petitioner to move before this Court in the matter of a routine nature of amendment in plaint. - 2 - Counsel appearing on behalf of the opposite parties, however, would submit that the Court below has definitely been irked with the persistent attitude of the petitioner in seeking amendment in the plaint inasmuch as it has been recorded in the impugned order that this was the sixth amendment in the plaint. True it is that normally amendment of pleading should be allowed liberally but then if such repeated amendment in the plaint becomes the rule of the game, the trial court can not become a mute spectator. This Court therefore while in the interest of justice would allow the amendment in plaint as prayed by the petitioner to be incorporated by setting aside the impugned order but the same would be subject to payment of cost of Rs. 2500/- to be paid by the plaintiffs to the petitioners within a period of two months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions this Civil Revision application is allowed. Bibhash (Mihir Kumar Jha, J.)