PHULO KUMAR SINGH Vs. RAM JULUM PASWAN

JUDGEMENT

(1.) THE revision has been filed against the order dated 10.1.2003 passed by Sub Judge 4, Darbhanga in Title Suit No. 169/ 82 whereby the petition filed by the petitioner for amendment of the plaint has been rejected.

(2.) THE plaintiff -petitioners filed the above mentioned suit for declaration of title and ejectment of the defendants from the suit premises. The suit was taken up for hearing and the evidence of the plaintiffs was going on. At that stage an amendment petition was filed by the petitioners with respect to certain events which took place during the pendency of the suit i.e. the opposite party changed the configuration of the house. The opposite party filed rejoinder to the said petition. The Court after hearing the parties rejected the amendment petition on the ground that the event of change of configuration of the house had been admitted by the plaintiffs in the year 1991 and 1997 but the petition for amendment has been filed in the year 2003, no such plea was raised saying that despite due diligence it was not filed earlier.

(3.) ACCORDINGLY , the revision petition is allowed. The order impugned is hereby set aside.