IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1795 of 2006 AZIMUDDIN @ MD.AZIMUDDIN & ORS Versus STATE OF BIHAR & ORS ----------- 4 21/10/2008 Heard counsel for the petitioners. In the opinion of this Court in a suit of the year 1985 when the original plaintiff no.1 had died and was sought to be substituted, any pleadings in the said suit with reference to Plaintiff no.1, if sought to be amended, was definitely a subsequent event and should not have been refused on the purported ground of amendment under the Code of Civil Procedure in the year, 2002. It is so because there is specific legislature intendment for not giving the amended provisions of Order VI Rule 17 of the Code of Civil Procedure a retrospective operation in the suits which were pending on 1.7.2002 when said amendment came into force. This aspect of the matter infact has already been decided by this Court in the case of ‘Sri Angar Bhagwan & Ors Vs. State of Bihar & Ors.’ Reported in 2008 (2) PLJR 588. That being so, this Court would set 2 aside the impugned order and direct the court below to incorporate the amendment, as prayed for, by the plaintiff, petitioner. This application is accordingly allowed. ( Mihir Kumar Jha, J.) Abhay Kumar