IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.101 of 2007 RAMA SHANKAR PRASAD GUPTA Versus BASANT SAHANI & ORS ----------- 04/ 08.05.2008 Heard learned counsel for the petitioner. This Civil Revision has been filed by the plaintiff-petitioner challenging order dated 02.12.2006, by which learned Subordinate Judge-II, Muzaffarpur, rejected his petition under Order VI Rule 17 of the Code of Civil Procedure for amendment of plaint of Title Suit No. 148 of 1986, which he had filed for declaration of his right, title and interest over the suit property and confirmation of possession and in alternative a decree for partition of his 1/3rd share in Schedule-II property. It transpires that the aforesaid suit was filed about 22 years back by the plaintiff-petitioner for the aforesaid relief, whereafter defendant-opposite parties appeared and contested the suit, issues were framed, evidences were led and arguments were being heard, when the aforesaid amendment was filed. The learned court below rejected the said petition after considering the matter in detail and after finding that the plaintiff wanted to amend the portion, which had already been amended earlier and the person, who has already been declared to have attained majority, would be again noted as minor. The learned court below has also found that such amendment specially at this stage cannot be allowed. Since the suit has been filed by the plaintiff himself as far back as in the year 1986, he cannot be allowed to use such dilatory tactics. - 2 - This Court does not find any illegality or jurisdictional order in the impugned order of the learned court below and, accordingly, this Civil Revision is dismissed. MPS/ ( S. N. Hussain, J. )