SURESH LAL SRIVASTAVA Vs. RAGHUNATH SRIVASTAVA

JUDGEMENT

(1.) THIS civil revision application is directed against the part of the order dated 15.2.2001, passed by the learned Subordinate Judge, VIIth, Chapra in Title Suit No. 160/95 by which he has rejected the main amendment sought for by the plaintiffs petitioners.

(2.) THE petitioners filed a suit for partition against the defendants. Apart from the other statement of facts stated in paragraph 15. of the plaint, the claim of the defendants first set of having purchased the properties in auction sale was challenged as nullity.

(3.) DURING the pendency of the suit, the plaintiffs filed a petition for amendment of the plaint. So far as the prayer regarding formal amendment is concerned that was not objected to by the defendants -opp. parties and the same was allowed. However, the defendants objected to the prayer made on behalf of the plaintiffs for amendment of the plaint wherein they wanted insertion of the fact that earlier suit brought by the ex -landlord in pursuance of which an auction sale was held and the defendants first set claimed to have purchased the property in auction sale was not binding on them and the same was a nullity in the eye of law.