R.K. Merathia. J. - (1.) HEARD .
(2.) THIS writ petition has been filed for quashing the order dated 20.8.2008, passed by IXth Addl. Judicial Commissioner, Ranchi in Title Appeal No. 20 of 2008, refusing the prayer to amend the plaint. Mr. S.N. Prasad, learned Counsel for the petitioners, referring to plaint, submitted that Khata No. 51 was clearly mentioned in para 11 but it was deleted in the schedule and when amendment was sought earlier, again all plot numbers of Khata Nos. 49, 50 and 51 were left and wrong plot numbers were mentioned. It is submitted that mainly due to this reason, the suit was dismissed, against which, the appeal has been filed by the petitioners. In the meantime, petitioners sold some land also. For bringing on record, the correct khata/plot numbers and the subsequent event, the amendment was sought. It is lastly submitted that petitioners are illiterate ladies and their lawyer misconducted the case, though they properly instructed him .
(3.) MR . S.P. Sinha, appearing for the respondent, supported the impugned order and submitted that petitioners were given chance to amend the plaint and they are prosecuting the case negligently.;