IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1229 of 2006 BHIMBALI BHAGAT & ORS Versus ARJUN BHAGAT & ORS ----------- 3 23.10.2008 In view of the fact that as has been sought to be at least projected in the civil revision application that the only amendment in the plaint was with regard to the deletion of the name of the defendant no.1 who is said to have died on 6.12.2002, the Court below ought to have allowed such amendment especially when an application filed within time on 10.2.2003 for expunging the name of the defendant no.1 had been allowed on 11.3.2003. It is true that the said amendment allowed on 11.3.2003 was not carried out by striking off the name of the defendant no.1 in the plaint within a period of fourteen days from the date of the order but then if the suit proceeded against the dead person that by itself would be an incurable infirmity. In that view of the matter, if the amendment is confined only to the deletion of the name of the defendant no.1 as indicated above, the said amendment in the plaint would stand allowed. The delay being of three years, the plaintiff must pay an amount of Rs. 1500/- for incorporating the aforementioned amendment which will be in fact a condition precedent for allowing such amendment. The amount of Rs. 2 1500/- must be paid by the petitioner to the defendant within a period of one month from the date of receipt/production of a copy of this order. With the aforementioned observations and directions, the impugned order is set aside and this civil revision application is allowed. Rsh (Mihir Kumar Jha, J.)