IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.795 of 2009 RAJENDRA PRASAD & ANR Versus BADRI NARAIN SINGH@BADRI NARAI & ORS ----------- 2/ 21.05.2009 Heard learned counsel for the parties. The suit is for partition of some joint properties which was brought to the court of Sub Judge I, Jehanabad vide Partition Suit No. 134 of 2006 by the plaintiffs. Opposite parties are defendants. After appearance, the opposite parties filed their written statement and pointed out to the court that the father of petitioner no. 1, late Jaggu Singh had alienated some property by a sale deed in favour of his daughter in law and had also gifted the properties to his grand sons through two deeds of gift. It was stated that those were the joint family properties. The petitioners filed an amendment petition stating that the properties covered by the three deeds being joint properties, they were partable properties and, as such, were required to be put under the schedule of the properties which were required to be partitioned. The court below has refused the prayer on the ground that the hearing of the suit has started and the evidence being taken. The court below also was of the opinion that the petitioners had not sought any relief dependent upon the amendment, they sought to be incorporated in their plaint. The court appears missing trees for the woods, inasmuch as, the relief of partition was already there and the purpose of amendment was simply to enhance the schedule of partible properties - 2 - by including the plots covered by the three transfer deeds. The court was also holding that the petitioners appeared not stating that they had applied due diligence and in spite of that they were not in know of the fact. This is simply clear from the statements that they came to know of the above transfers only through the written statement of the defendants. Recording of evidence may not curtail necessary amendment of the nature as was required to be made. Revision petition stands allowed. Let the court below allow the petitioners to incorporate the amendments in the schedule containing list of properties partable within the stipulated time. Anil/ (Dharnidhar Jha, J.)