SUSHIL KUMAR MISRA Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) THIS is a revision preferred by Sri Shushil Kumar Misra against the order dated 2-11-1983 passed by the Civil Judge, Ballia, rejecting the application of the revisionist for amending the counter-claim preferred by him.

(2.) IN brief, Sri Kesho Prasad Misra and Bhola Nath Misra filed a suit against Sri Brij Behari Misra and others including Sri Shushil Kumar Misra, defendant no. 3 (the present revisionist) for declaration that the plaintiffs and the defendants 3rd set (defendant no. 8) were the exclusive owner of the premises in suit. The parties belonged to the same family. According to the plaintiffs, they had become exclusive owner of the premises in suit on the basis of a private partition in 1970. Defendant no. 3 in his written statement denied this private partition and claimed to be the joint owner of the properties and also set up a counter claim and prayed for partition of l/3rd share in the properties of defendants nos. 1 to 6.

(3.) HOWEVER, it is contended by the learned counsel for the opposite parties that the amendment application (186 Ka) has been rejected on other valid grounds as well.