VISHWANATH SINGH Vs. ANAND KISHORE SINGH

JUDGEMENT

(1.) I .A. No. 4098 of 2004 has been filed for condonation of delay of more than 9 months in filing the present civil revision application. It is stated that earlier the petitioners had filed Civil Revision No.1125/2003 which was directed against the order dated 7.7.2003 passed in Title Suit No. 30/2000 by which two petitions filed by the petitioners on 26.3.2003 and 23.6.2003 for amendment of plaint had been partly rejected and when the matter was heard by this Court at the stage of admission on 15.7.2004 it was held that orders passed jointly on two petitions cannot be challenged in a single civil revision application and accordingly the petitioners were permitted to confine that civil revision only to that part of the order which was with respect to amendment petition dated 26.3.2003 and they were given liberty to file another civil revision with respect to the other part of the said order which relates to the petition dated 23.6.2003. On the basis of the said liberty the present civil revision application has been filed and the reason for delay has thus been well explained.

(2.) IN view of the aforesaid facts and circumstances, the delay in filing the civil revision application is condoned and I.A. No. 4098 of 2004 is accordingly allowed.

(3.) THE petitioners have filed the present revision application against the order dated 7.7.2003 passed by Munsif -I, Vaishali at Hajipur in Title Suit No. 30/2000 by which the amendment petition dated 23.6.2003 has been partly rejected. By the said amendment petition the petitioners had proposed as many as seven amendments but except for the first two amendments, amendment nos. 3 to 7 have been rejected by the trial court on the ground that since the earlier amendment petition dated 26.3.2003 has been rejected therefore, the proposed amendment nos. 3 to 7 being based upon the said previous amendment petition dated 26.3.2003, the same cannot be allowed.