LAWS(PAT)-2008-1-35

SHEO PUJAN RAI Vs. RAM EKBAL RAI

Decided On January 07, 2008
SHEO PUJAN RAI Appellant
V/S
V.RAM EKBAL RAI Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite parties.

(2.) THIS civil revision has been filed against order dated 3/4/2006, by which the learned Subordinate Judge 4th Motihari, allowed the petition filed by the plaintiff-opposite parties for amendment of the plaint of Title Suit No. 23 of 1964 at the stage of preparation of the final decree.

(3.) THE aforesaid title suit was filed by the opposite parties for partition of the suit properties, which was decreed on 12-7-1969, whereafter the petition for preparation of final decree was filed and the same was dismissed for default on 29-6-2000 but it was subsequently restored on 27-4-2005. Thereafter, on 1/3/2006 the plaintiffs filed an amendment petition only for the purpose of adding some more lands in the schedule of the plaint, for which partition was sought. The said amendment has been allowed and some plots of land have been ordered to be added to the schedule of the plaint, which is subject for partition.