KRISHNA KANT PRASAD Vs. SUDHESHWAR YADAV

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Misc. Application has been filed under Article 227 of the Constitution of India against the order dtd. 21/2/2017 passed by the learned Civil Judge (Senior Division)-3rd, Patna by which the amendment petition filed by the plaintiffs under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') for amendment of the plaint in Title Suit No. 211 of 2007 has been allowed.

(3.) The brief facts of the case are that the plaintiff no. 1 and defendants are full brothers and plaintiff no. 2 is the sister-in-law of plaintiff no. 1 and they are member of the joint Hindu Mitakshra family living in jointness but separate in mess and business. The plaintiffs filed a Title Partition Suit No. 211 of 2007 for partition of family property on 8/10/2007. The defendant Nos. 1 and 2 transferred their half share in plaint Schedule-I property to the petitioner who was impleaded as defendant no. 3 in the partition suit on his application for impleadment. The petitioner filed his written statement on 7/1/2012 and claimed that the suit property is not joint family property of the plaintiffs and defendant Nos. 1 and 2. In fact, after purchase of the plot no. 269, the plaintiffs and defendant Nos. 1 and 2 amicably partitioned the said plot and by the said partition, the eastern 10 dhur was allotted to defendant Nos. 1 and 2, who sold the said plot to the petitioner for valuable consideration and put him in possession of the same and he is in continuous, open, peaceful and uninterrupted possession over the suit land. The petitioner has no concern with the other suit land. The defendant Nos. 1 and 2 not filed their written statement in the suit. The issues were framed in the suit and the plaintiff evidence was closed on 31/10/2013. After deposition of all the witnesses, the evidence on behalf of defendants was also closed on 29/9/2016.