IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.6 of 2008 1. Mangal Choure son of Sital Choure 2. Malo Choure son of Manjhala Choure 3. Sitaram Choure son of Manjhala Choure All resident of village Ganeya Tola Gaduvadih P.O. Bamdah P.S. Chandramandih Dist. Jamui Defendant Ist Party 4. Manjhala Choure son of Barka Choure 5. Muni Choure son of Barka Choure Both resident of village Ganeya Tola Gaduvadih P.O. Bamdah P.S. Chandramandih Dist. Jamui Defendant 2nd party- Petitioners Versus 1. Srimati Phulmuni Kumari @ Munni Choure W/o of Sopna Hemram D/o Somra Choure resident of village Ganeya Tola Gaduvadih P.O. Bamdah P.S. Chandramandih Dist. Jamui Plaintiff 2. Babu Choure son of late Kailash Choure resident of village Ganeya Tola Gaduvadih P.O. Bamdah P.S. Chandramandih Dist. Jamui Defendant 2nd party-Opposite parties ----------- For the petitioners: Mr Shivendra Kumar Sinha, Advocate Mr Pankaj Kumar Sinha no.2,Advocate --------- 04 27.10.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by defendants- petitioners challenging order dated 24.09.2007 by which learned Munsif, Jamui rejected their prayer for amendment in paragraph 12 of the written statement in Title Suit no. 59 of 1999. 3. The said suit was filed by the plaintiff- opposite party no.1 for declaration of her title and for other ancillary reliefs. The suit was contested by the defendants where after issues were framed and evidence of the parties started. 4. The evidence of the plaintiff’ witness was concluded and closed where after deposition of defendants witnesses started and only after many DWs had been examined, defendants filed an application - 2 - for amendment of their written statement by way of changing the year of death of Somara Chaubey to 1955 as earlier it was mentioned as 1958 in paragraph 12 of the written statement. 5. The learned court below considered the entire matter in detail and found that DW8 Munsi Chaubey in paragraph 17 of his deposition has stated that death certificate was typed whereas discharge slip was hand-written. It was also found that said amendment would not only change the nature of the suit but would also affect the suit as per the Succession Act. Furthermore, the plaintiff is definitely going to suffer irreparable loss if the said amendment is allowed as her evidence has already been closed. 6. In the aforesaid facts and circumstances, this Court does not find any illegality in the impugned order of the learned court below nor does it find any jurisdictional error therein. Accordingly, this civil revision is dismissed. shahid (S.N.Hussain, J)