SHIV KUMARI KUAR Vs. ANIL BHAGAT

JUDGEMENT

(1.) Heard learned counsel for the parties. Patna High Court C.Misc. No.246 of 2018 dt.15/3/2023

(2.) The instant application has been filed against the order dtd. 28/10/2017 passed in Title Suit No. 98 of 1991 by the learned Court of Sub Judge-XI, Gopalganj, whereby and whereunder the petition dtd. 28/10/2017 filed by the plaintiffs / petitioners under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for amendment in plaint has been rejected.

(3.) The brief facts of this case are that the petitioners / plaintiffs filed Title Suit No. 98 of 1991 for partition of the suit land as well as declaration of gift deed as void, inoperative and not binding upon the petitioners. The defendants / respondents appeared in the suit and filed their written statement denying the claim of the petitioners made in the plaint and on the basis of pleading of both the parties, the issues were framed. The parties adduced oral as well as documentary evidence to prove their case and the case was proceeding for argument. The plaintiffs / petitioners while preparing for argument found that due to typographical mistake certain error has been committed with respect to area as well as with regard to number of the plot of the suit land then the plaintiffs filed amendment petition under Order 6 Rule 17 of C.P.C. which was dismissed by the impugned order.