IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2125 of 2008 JANARDAN PRASAD Versus CHAMPA DEVI & ORS ----------- 2. 5.1.2009 Heard counsel for the petitioner. In the opinion of this Court in a partition suit the amendment in the plaint and that too for addition of certain land or clarification of certain land in Schedule IV of the plaint ought to have been allowed even if it was going to reopen leading of evidence by the plaintiff petitioner whose evidence had already been closed. In a partition suit if the property is not partitioned in whole and for once and ever the dispute still will continue in one form or the other. That being so, the court below ought to have allowed the amendment in the plaint of course by sufficiently penalizing the plaintiff petitioner. Counsel for the petitioner fairly agrees that the petitioner is prepared to compensate the loss sustained by the contesting defendants no. 14 to 18, 21 to 26, 30 to 36 and 46 to 53 who alone have either contested the amendment petition 2 filed by the petitioner or have started leading evidence after closure of evidence of the petitioner. In view of the aforementioned facts as also taking into account the interest of justice in a partition suit, this Court would allow the prayer of the petitioner for amendment in the plaint, subject to payment of cost of Rs. 2500/- each to the set of defendants no. 14 to 18, defendants no. 21 to 26, defendants no. 30 to 36 and defendants no. 46 to 53 separately within a period of two months from the date of receipt/ production of a copy of this order. It is made clear that in the event the said amount as directed above is deposited in the court, the amendment in the plaint as prayed for would be incorporated but the petitioner will be given only two months time to lead any further evidence confined to the issues arising out of amendment made in the plaint. The defendants too will have an opportunity to file their respective additional written statements confined to the amendment made in the plaint within a period of ten weeks of 3 receipt/production of copy of this order and the ongoing evidence of defendants no. 46 to 53 for the time being shall be kept in abeyance and after the petitioner completes additional evidence, the recording of evidence of the defendants shall be resumed. With the aforementioned observation, this application is allowed. (Mihir Kumar Jha,J.) Surendra/