IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1632 of 2008 SURESH SINGH & ORS Versus AWADH BIHARI ROY & ANR ----------- 2. 24.9.2008 Heard counsel for the petitioners. In the opinion of this Court the only change in the age of the plaintiff from 12 years to 6 years will not in any way effect the plea taken by the defendants petitioners as with regard to the question of limitation. This is because in paragraph 4 of the application filed by the petitioners under Order 7 Rule 11 C.P.C. it has been mentioned that the plaintiff on the basis of his declaration of age as 12 years had become major in the year 1981 and therefore, the suit was barred under Article 60(A) of the Limitation Act which was filed in the year 2006. Assuming the amended age to be there as 6 years the plea of the petitioners will still remain there inasmuch as in that case the plaintiff will be said to have attained the age of majority in the year 1987 in place of 1981. That being so, this Court would not find any error in the impugned order allowing such formal amendment which does 2 not either change the nature of the suit nor in any way prejudice the defendants petitioners. Accordingly, this application is wholly without merit and is hereby dismissed. It goes without saying that in view of amendment to the extent of age of the plaintiff, the defendants petitioners will have definitely a right to file their additional written statement to the aforementioned extent and that too within a period of one month from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/