MAHADEB HAZRA Vs. SISUBALA SEN

JUDGEMENT

(1.) THE plaintiffs in a siut for partition are the petitioners before us in this revisional application which is directed agaist an order dated june 7, 1984 passed by the learned Additional suborinate judgment burdwan in Title Suit No. 2 1 of 1 980. By the impugned order the learned Judge has rejected the prayer of the plaintiffs for a formal amendment of the ordering portion of the judgment and decree on an application filed under section 15 1 and section 152 of the Code of Civil Procedure. It has been so refused only on the ground that an earlier application for amendment of the decree on similar grounds had been dismissed by the learned Judge by an order dated February 17, 1984 and hence the same point cannot be re-agitated

(2.) THE present application is nor being opposed, not was the application for amendment opposed by the defendant in the court below. It appears to us that the plaintiffs instituted the aforesaid suit for partition of the properties specified in the plaint schedule claiming a moiety share therein. According to the plaint case the other half share belonged to the defendants.

(3.) IN contesting the suit, the defendants did not dispute the shares, but the defendants took the defence that the property having been partitioned earlier, it is not a joint property which can be partitioned again. The defence taken by the defendant failed and was overruled and the learned Subordinate Judge on September 25 , 1 981 decreed the suit on the following terms:-