PATNA, India, Nov. 24 -- Patna High Court issued the following judgment on Nov. 1:

The present Civil Misc. has been filed for setting aside the order dated 30.01.2023 in T.S. No. 28 of 1986, passed by Sub Judge IV at Bettiah, West Champaran whereby and whereunder the application under order 6 Rule 17 Civil Procedure Code dated 22.11.2018 filed by the plaintiff for amending the plaint has been allowed.

2. Learned counsel for the petitioner submits that the amendment petition filed by the respondent-plaintiff has been allowed by the impugned order after a lapse of 30 years from the institution of the suit, at a stage when the matter was fixed for final arguments, which is neither legal nor justified. He further submits that the proposed amendment is merely explanatory in nature and is essential for the proper and complete adjudication of the case and it does not intends to alter the nature of the suit, in any manner.

3. Title Suit No. 28 of 1986 was instituted for a declaration that the sale deed in question is null and void. By way of amendment, the plaintiff further seeks a declaration of his title and possession over the suit property. It is stated that the description of boundary was left to be incorporated in the suit property earlier, and the respondent-plaintiff now seeks to incorporate the same. The proposed boundary is crucial for proper identification of the suit land and for the complete adjudication of the case. The amendment does not intends to alter the nature of the suit in any manner; rather, it is explanatory in nature and will assist in the effective determination of the dispute as well as in the execution proceedings. The aforesaid amendment has been allowed during the trial, at the stage of final arguments.

4. Considering the aforesaid facts, there appears to be no illegality or impropriety in the impugned order. However, it is noted that the amendment was allowed at the stage of final arguments, and no satisfactory explanation has been offered for such delay. Nevertheless, the said amendment is essential for the proper and complete adjudication of the case. Accordingly, the impugned order is upheld, subject to payment of cost of Rs. 20,000/- (Rupees twenty thousand) to the petitioner. The learned Trial Court is requested to conclude the trial expeditiously, preferably within a period of three months from the date of receipt or production of this order.

5. Accordingly, the instant Civil Misc. Case No. 331 of 2023 stands disposed of.

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