RAMANANDRAI Vs. BRAJ KISHORE RAI

JUDGEMENT

(1.) This civil revision application has been filed by Defendants 9th party of a suit filed by Opposite Party nos 1 and 2 for partition against Opposite Party nos 3 to 104-impleading them as Defendants 1st party to 8th party and Defendant 10th party to Defendant 12th party against an order rejecting their prayer to grant leave to amend their written statement.

(2.) Mr. Raghubansh Singh, learned counsel appearing on behalf of the Opposite Parties raises a preliminary objection about the competency of this civil revision application on the ground that other Defendants have not been impleaded as party to it and the suit being one for partition no effective order can be passed by this Court in the absence of other defendants whose names the petitioners themselves got expunged at the time of its admission.

(3.) Mr A.B. Mathur, learned counsel appearing for the petitioners, however, contends that despite expunction of the names of Opposite Party nos. 17 to 104 Defendant 1st party to Defendant 8th party and Defendant 10th party to Defendant 12th party, this application can be disposed of on its merit.