IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8240 of 2010 ----------- Rajendra Halwai, son of late Ganga Halwai, resident of village Ahiyachak, P.S. Katrisarai, District Nalanda …. Plaintiff-Petitioner versis Mano Prasad, son of late Gajo Mahto, resident of Village Ahiyachak, P.S. Katrisarai, District Nalanda ….Defendant-Respondent. -------- For the Petitioner : Mr. Sudhir Kumar, Advocate For the Respondent : None. ------ 02/ 19.07.2010 Heard learned counsel for the petitioner. 2. This writ petition has been filed by the petitioner, who was plaintiff in the court below, challenging order dated 30.03.2010, by which his application for amendment of the plaint was rejected by the Munsif, Nalanda in Eviction Suit No. 24 of 2003. 3. The aforesaid suit was filed by the petitioner for eviction of the respondents on the ground of personal necessity of the plaintiff as well as default in payment of rent by the defendant. 4. After pleadings in the said suit were completed, issues were framed and evidence started and after completion of the evidence, arguments in the suit had commenced, but at that moment an application for amendment of the plaint was filed by the plaintiff for correction of the number of rooms given in Schedule-II of the plaint. The court below has rejected the said application on the ground that it is belated. 5. It is clear that the suit was filed in the year 2003 and 2 no step for amendment of the plaint was taken by the plaintiff for about seven years and only when it was at its fag end, the said application for amendment was filed, which was rightly rejected by the court below. Now the suit has to be finally decided and while deciding the suit the trial court will have to consider not only the pleadings in the plaint but also the evidence led on behalf of the plaintiff in support of his claim and only after considering the entirety of the matter with respect to the pleadings and evidence of the parties, the suit has to be decided. 6. In that view of the matter, this Court does not find any reason to interfere with the impugned order and, accordingly, this writ petition is dismissed. MPS/ ( S. N. Hussain, J. )