IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7465 of 2011 1. GULJAR PRASAD SINGH, S/o. late Janardan Singh, 2. Rama Nand Singh, S/o. Guljar Prasad Singh, Both resident of Village- Kusami, P.S. Paudhoo, Distt.Aurangabad. Versus 1. ANIL SHARMA, S/o. Sri Dineshwar Singh, 2. Shrikant Sharma, S/o. Sri Dineshwar Singh, 3. Shivdani Singh, S/o. Sri Paramadhan Singh, 4. Mostt. Balmati Kuer, Widow of Sri Sidheshwar Singh, Both r/o. Village- Kusami, P.S. Paudhoo, Distt. Aurangabad. ----------- 05. 28.04.2011 This petition was filed in the year 2007. Today it has been listed under heading for orders for removal of the defects. This Court requires the learned counsel for the petitioners to address on merit of the case. By means of this writ petition the petitioners have challenged the order dated 07.08.2007 by which the application of the petitioners for adducing the additional evidence has been rejected on the ground that application was moved after the argument of the defendant was closed. The argument of the plaintiff was to start. The application for amendment which had been rejected contained in Annexure-6 to the writ petition. On perusal thereof it shows that the petitioners/plaintiffs have sought to file documentary evidence but details of the 2 documents have not been mentioned. These documents according to the learned counsel for the petitioners were required to be filed to prove the case of the plaintiff as Issue No. 8 was framed by the Court on 26.07.2007. Therefore, the Court-below has erred in rejecting the application of the petitioners as the application was moved on 31.07.2007 to file document to prove Issue No.8 in his favour, which was framed on 26.07.2007. Thus, the order dated 01.08.2007 passed by the trial-court is quashed and the petitioners are allowed to lead documentary evidence on Issue No.8 on application dated 31.07.2007. The defects as pointed out stand waived out. Mkr. (Prakash Chandra Verma, J)