IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1291 of 2006 RAMA NAND YADAV @ CHAUDHARY @ RAMAND CHAUDHARY, SON OF LATE SUBH NARAIN CHAUDHARY, RESIDENT OF VILLAGE- PATHAR DAI, POST OFFICE AND POLICE STATION- JIRADAI, DISTRICT- SIWAN :--- PETITIONER . Versus 1. THE STATE OF BIHAR 2. VIDYARTHI YADAV. 3. RAGHO YADAV. 4. MAHENDRA YADAV, 2,3,4 SONS OF LATE PARMA YADAV. 5. COLLECTOR YADAV 6. DAROGA YADAV, 5,6 SONS OF RAM BRAI YADAV. NOS. 2 TO 6 ARE RESIDENT OF VILLAGE- PATHAR DAI, POST OFFICE AND POLICE STATION- JIRADAI, DISTRICT- SIWAN :--- RESPONDENTS. ----------- 2. 24.01.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner-plaintiff is aggrieved by the order dated 01.08.2003 passed by Munsif, 1st, Siwan in Title Suit No. 219 of 2001, Annexure-1, whereunder court below has refused the prayer of the petitioner to amend the plaint incorporating the incident which took place over the lands-in-question during the pendency of the suit between 28.01.2003-30.01.2003 and the bamboo clumps, drain was removed therefrom. 3. Without interfering with the order impugned, it is directed that the court below should reconsider the submission of the plaintiff to amend the plaint in the light of the provisions contained in proviso to Section 34 - 2 - of the Specific Relief Act, 1963 on the undertaking of the petitioner that he shall pay ad valorem court fee. Necessary order on such request be passed by the court below after hearing the defendants. Suit is of the year 2001, in the circumstances, the court below should not only reconsider the matter within one month from the date of receipt of this order but also ensure that in case relief of amendment is allowed, the ad valorem court fee is paid by the petitioner within another one month. In any case the court below will proceed with the matter so as to conclude the suit within six months by delivering judgment in the matter. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)