LACHI DEVI Vs. PUNAM DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant Civil Miscellaneous application under Article 227 of the Constitution of India has been filed for setting aside the order dtd. 27/3/2017 passed by the learned Sub-Judge-1st, Bagaha, West Champaran in Partition Suit No. 100 of 2008 whereby the learned trial Court has disallowed some of the amendments filed by the petitioner under Order VI Rule 17 and Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC').

(3.) The brief facts of the case are that the petitioner is the plaintiff who has filed the Partition Suit No. 100 of 2008 for partition of the suit property being full sister of deceased Dashrath Kewat. On 4/2/2010, Respondents no. 3 and 4 filed their written statement and contested the suit and claimed that the disputed land came in their possession since 1939 and 1945 without any hindrance. It is stated in their written statement that in Khatiyan the suit land is in the name of Jhagaru Kewat who died leaving behind his only son Bandhu Kewat who also died leaving behind his only widow Danpatia Devi and daughter Dhanrajia Devi. Dhanpatia Devi vide gift deeds dtd. 13/2/1939 and 14/9/1945 gifted her property to her Nati (Mishri Mahto) and given possession to him. Defendants No. 3 and 4 are sons of Mishri Mahto.