BRIJ NANDAN PRASAD Vs. UCHIT SINGH

JUDGEMENT

(1.) HEARD learned counsel for both the sides.

(2.) THIS Civil Revision petition is directed against the order dated 8.9.2006/11.9.2006 passed by the Munsif -lll, Gaya in Title Suit No. 34 of 2005/553 of 1993 by which he refused the incorporation of certain amendments in respect of a Bajidawa dated 2.9.1995 sought on the part of the petitioner i. e. plaintiff in the court below on the ground that it was too belated to be allowed and further that it was meant to delay the disposal of the suit. Some of the bare facts may be noticed. The suit was brought on to seek a decree of declaratory nature in respect of deed of gift dated 28.1.1991, said to be executed by the uncle of the petitioner allegedly in favour of an outsider to the family in respect of some joint family property measuring 4.11 decimals of land of certain plots claiming that the land had been obtained by him through some family arrangement on partition of properties., The document in that behalf indicated that the donor had obtained 3.93 decimal of land of the plots which he had gifted to the defendant.

(3.) IT is not denied that the parties had closed their evidence and, accordingly, the court had heard the argument for quite some days. In fact, the arguments had been closed and the suit was at the verge of being disposed of when the amendment petition was filed on the ground that it was a subsequent discovery made by the plaintiff through some reliable sources and because the deed of Bajidawa was itself created during the pendency ot the suit without the knowledge of the petitioner, so it was essential, as a matter of circumstance, to bring as the factum of forged and fabricated Bajidawa in respect of 4.11 decimals of land so as to fill up the lacunae which existed on the fallacy of the deed of gift.