IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.625 of 2007 Gopal Narain Singh @ Gopal Narayan S/o Late Dev Narain Singh, resident of Vill.Mulichak, Now Jagdeo Path , P.S. Gardanibagh,Distt. Patna. ……. Plaintiff – Petitioner. Versus 1.Hari Ram Singh @ Hare Ram S/o Late Kamla Haran Singh 2. Smt. Pratibha Devi W/o Hare Ram Singh Both resident of Vill. Chinia Bela, P.S. Pun Pun,Distt.Patna. ….. Defendants – Opposite Parties ----------- For the petitioner : Mr.Dinesh Kumar Singh, Sr.Advocate, with Mr. Rakesh Kumar,Advocate. For the Opp. Parties: Mr. Shailendra Kumar Sinha, Advocate. ---- 7 11.12.2009 Heard the learned counsel for the petitioner and learned counsel for both the O.Ps. in detail. 2. This civil revision has been filed by the sole plaintiff petitioner challenging order dated 19.1.2007 by which the learned Sub Judge IV, Patna rejected the application for amendment of his plaint sought by plaintiff- petitioner in Title Suit no.109 of 2001. 3. The aforesaid suit was filed by the plaintiff for declaration that the agreement for sale dated 29.6.1999 executed by the plaintiff-petitioner in favour of defendants- opposite parties was illegal, in operative and void document and the defendants did not derive any right, title and possession on its basis. The defendants appeared in the suit and contested the same by filing of their written statement. However, issues have not yet been framed. 4. It further transpires that in the meantime the plaintiffs filed an application on 6.12.2005 for amendment in the 2 plaint by way of adding a few words in paras 8 and 9 as well as in the relief portion stating about the deed of cancellation dated 29.6.1999 and claiming it to be showy and not binding upon the plaintiff. The defendant contested the said application by filing their rejoinder. However, the learned court below rejected the said application vide its order dated 19.1.2007 against which the instant civil revision has been filed. 5. From the argument raised by the parties and the materials on record including the order impugned it is quite apparent that the said amendment was simple in nature and did not amount to changing the nature of the suit. But the learned court below rejected the said application on the ground that it introduced new facts to fill up the lacuna as there was no such pleading in the plaint. This approach in my view with respect to an amendment and that too before framing of the issues and starting the hearing is not legal and proper. 6. The law is settled by the Hon’ble apex Court in the case of Prem Bakshi & ors vs. Dharam Dev & ors. reported in 2002(2)PLJR SC 187 in which it has been held that:- “It is almost inconceivable how mere amendments of pleadings could possibly cause failure of justice or irreparable injury to any party. Perhaps the conv- erse is possible i.e. refusal to permit the amendment sought for could in certain situations result in misc- arriage of justice. After all amendments of the plea- 3 dings would not amount to decisions on the issue involved. They only would serve advance notice to the other side as to the plea, which a party might take up. Hence we cannot envisage a situation where amendment of pleadings, whatever be the nature of such amendment, would even remotely cause failure of justice or irreparable injury to any party.” 7. Although learned counsel for the O.Ps. vehemently supported the impugned order but it is quite apparent in the aforesaid facts and circumstances as well as from the proposition of law as aforesaid that the learned court below has decided the matter illegally and has failed to exercise the jurisdiction vested in it. 8. Accordingly, this civil revision is allowed, impugned order of the learned court below dated 19.1.2007 is hereby set aside and the plaintiff is permitted to amend his pleading according to the aforesaid amendment sought by him. However, the defendants will also be entitled to amend their pleadings by way of filing additional written statement with respect to the aforesaid amended pleading of the plaintiff. Anil Kr.Sinha (S.N.Hussain,J.)