RAJENDRA PD.YADAV, SON OF LATE SEWAK GOPE Vs. SUMITRA DEVI D/O LATE SEWAK GOPE W/O SHRI SHIV NANDAN PD. YADAV

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The defendant is the petitioner in the present writ petition. The petitioner is challenging the order dated 16.8.2007 passed by the learned Civil Judge 2nd (Senior Division), Lakhisarai in Title Suit No. 11 of 2001 whereby the court below was pleased to reject the petition filed by the petitioner under Order VI, Rule 17 of the Civil Procedure Code seeking amendment of his written statement to incorporate relief in the form of counter claim.

(3.) It appears from the record that Karu Gope had two sons, namely, Sewak Gope and Narayan Gope. Narayan Gope had four sons, namely, Ram Das Yadav, Ram Swarup Yadav, Bhaghwan Yadav and Shyam Sunder Yadav and Ram Das Yadav had five sons, namely, Rajendra Yadav alias Rajo Yadav, Bindd Yadav, Ashok Yadav, Gore al Yadav and Murari Yadav alias Mungeri. Sewak Gope had died leaving behind his widow Mungba Devi and three daughters, namely, Sumitra Devi, Akasho Devi and Bhuneshwari Devi. Mungba Devi wife of Sewak Gope had died in the year 1989. The daughters of Sewak Gope had filed Partition Suit No.11 of 2001 where all the heirs and successors of Karu Gope were made a party. The daughters of Sewak Gope had claimed 50% share of joint family property as they derived the right, through their father who was son of Karu Gope who had only two sons.