IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1034 of 2008 RAM NATH SINGH Versus NAGINA SINGH & ORS ----------- 2 24/7/2008 Heard counsel for the petitioner. In the opinion of this Court whatever amendment was sought by the petitioner in his written statement, did not in any way introduce a new case, muchless, could have prejudiced to the plaintiff, save and except, that he may have to lead certain evidence by way of rebuttal. For this inconvenience caused to the plaintiff opposite party, the counsel for the petitioner-defendant has offered to pay cost as may be qualified by this Court. This Court has also perused the impugned order which proceeds to reject the prayer for amendment in the writ5ten statement mainly on the ground of delay. Such reasoning however is not appreciable to this Court specially when there is sufficient explanation given by the petitioner for filing a belated application seeking amendment in the written statement. It would thus be in the interest of justice to allow amendment in written statement which appears to be formal and explanatory in nature. Accordingly the impugned order is set aside and the amendment in the written statement is allowed subject to payment of cost which is quantified to a sum of Rs. 5,000/- (Five thousands) to be paid by the petitioner to the plaintiff-opposite party within a period of one month. With the aforesaid observations and directions this Civil Revision application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar