IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2070 of 2008 MD. ASHIQUE Versus MD. ISHAQUE MIAN@MD. ISHAQUE& ANR ----------- 2 12/12/2008 Heard counsel for the petitioner. This Court would fail to understand as to in which way replacement of plot number in Schedule-I or Schedule-III of the plaint would lead to change nature of the suit. Relief of the plaintiff- petitioner in the said suit is confined to declaration of his title in respect of certain land of Schedule-I which is said to be part of Schedule-III and the land of the defendants has also been specifically set out in Schedule-III. From reading of all the three schedules it does not appear that the case of the petitioner in any way has been changed as with regard to Schedule-II which is land of defendants- opposite parties. It is thus clear that the amendment sought for was only declaratory/ explanatory and ought to have not refused. That being so, the impugned order is set aside and the court below is directed to allow the amendment as prayed 2 for by the petitioner and ensure that the suit of the year 1994 is disposed of expeditiously preferably within a period of one year from the date of receipt/production of a copy of this order. Since amendment has been amended at the belated stage which would also lead to inconvenience and harassment to the defendants, the petitioner in order to amend the plaint would be required to pay a cost of Rs.2500/-, which must be deposited in the Court within a period of one month from the date of receipt/production of a copy of this order. With the aforementioned observation and direction this application is allowed. (Mihir Kumar Jha, J.) Abhay Kumar