IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1875 of 2008 DURGA PRASAD Versus MOST.CHAMPA DEVI & ORS ----------- 2 18/11/2008 Heard counsel for the petitioner. Approach of the lower appellate court in rejecting the amendment in the plaint at the appellate stage on the ground that the plaintiff-appellant had full knowledge of the deed of gift dated 4.9.1983 at the stage of trial of the suit cannot be faulted either in fact or in law. If for whatsoever reason, the plaintiff did not choose to assail the sale deed in question at the stage of suit, such prayer for amendment of plaint cannot be allowed in a routine manner at the appellate stage. Thus in my opinion the impugned order does not suffer from any jurisdictional error. The apprehension of the petitioner that now heir of Ramchandra Prasad may come out to support the deed of gift for bettering their case before the appellate Court is wholly misconceived, in as much as, if Ramchandra Prasad in his life time did not choose to contest the suit and 2 support the sale deed, at least on that score the appellant cannot be prejudiced. That being so, this Court would not find any error in the impugned order. Accordingly, this application is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar