PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 12:

The record taken up on mentioning being made on behalf of the petitioners.

2. Heard learned counsel for the petitioners and I intend to dispose of the present petition at the stage of admission itself.

3. The petitioners are aggrieved by the order dated 08.01.2025 passed by the learned Civil Judge (Junior Division), Mahnar, Vaishali in Title Suit No. 49/1984 whereby and whereunder the learned trial court allowed the amendment petition filed by the plaintiffs/respondents.

4. The learned counsel for the petitioners submits that the amendment has been sought at a very belated stage as the suit was filed in the year 1984 and the written statement was filed on 07.07.1986. After closure of evidence, the record was put up for argument in the year 2013, still the plaintiffs did not seek any amendment till that time and when the argument has been continuing in the matter, in order to fill up lacuna in their case, the amendment has been sought. No due diligence has been shown. Therefore, the amendment is hit by Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'the Code'). The learned counsel further submits that earlier the plaintiffs have been claiming that Sita Mahto was their grandfather. Now they are denying this fact. The plaintiffs want to delay the disposal of the suit and only, for this reason, they have filed the amendment application, but the learned trial court wrongly allowed the said amendment petition.

5. Perused the records.

6. Perusal of record shows in paragraph 4 of the plaint, an averment has been made that the grandfather of the plaintiffs was one Sita Mahto, who purchased the suit land on 17.02.1917. This averment has been denied by the defendants in their written statement that Sita Mahto was the grandfather of the plaintiffs. Now by way of amendment, the plaintiffs have sought to incorporate the fact that Sita Mahto was the brother of the grandfather and he died issue-less.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NDQjNTY5IzIwMjUjMSNO-d21hCiMlvxA=

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