IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15780 of 2011 Smt.Gauri Devi & Anr Versus Smt.Urmila Devi ---------------------------------- 02. 15.09.2011 Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 05.04.2011 passed by Sub Judge Ist Muzaffarpur in Title Suit No.207 of 2006 whereby the learned Court below allowed the amendment application filed by the plaintiff-respondent for amendment of the plaint. The learned counsel for the petitioner submitted that by amendment, the basic claim of the plaintiff is changed and the nature of the suit is also changed causing prejudices to the petitioner. From perusal of the impugned order, it appears that the learned Court below considered the Proviso to Order 6 Rule 17 of the Code of Civil Procedure added by the Amendment Act No.22 of 2002 and then found that this deed of Ladaavi on the basis of which the plaintiff filed for amendment was not in possession of the plaintiff. The said document is of the year 1919. Therefore, the learned Court below found that the plaintiff is not careless or negligent. The Court below also found that the plaintiff is illiterate lady. Considering all these aspects of the matter, the learned Court below allowed the amendment application on payment of cost of Rs.1500/-. In view of the above facts and circumstances of the case, I find no reason to interfere with the impugned order and accordingly it is rejected. Sanjeev/- ( Mungeshwar Sahoo, J.)