KRISHNA RAMAN PRASAD SINHA Vs. RAMARAMAN PRASAD SINHA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 21/4/2016 passed by Civil Judge (Senior Division)-X, Vaishali at Hajipur whereby and whereunder the amendment petition dtd. 14/8/2014 filed by the plaintiff/petitioner has been rejected.

(3.) The brief facts of the case are that the petitioner/plaintiff filed Partition Suit No. 210/2000 for declaration 1/6 share of plaintiff/petitioner in schedule-2 property and declaration of gift deed dtd. 19/4/1986 executed by Smt. Parvati Devi in favour of Raman Prasad Sinha, not to be binding upon the plaintiff and same is invalid. The defendants on notice appeared and filed their written statement and issues were framed and two witnesses have been examined on behalf of plaintiff/petitioner. The petitioner claimed that being the junior member of family he has no knowledge about the entire property of the joint family and the documents is lying with the defendants which he mentioned in the plaint. When the plaintiff/petitioner came to know about the details of some more joint family property which was not mentioned in the plaint, he obtained the document with regard to that property and filed a petition on 14/8/2014 for amendment/addition of the property mentioned in the petition, in the foot of schedule-2. After hearing the parties, the said petition of the plaintiff/petitioner was dismissed.