SUDHA AGRAWAL Vs. RITU GUPTA

JUDGEMENT

(1.) Petitioners before this court are substituted defendants in Title Suit No.25 of 2002 pending in the court of learned Subordinate Judge V, Kaimur at Bhabua. They have filed this writ application for quashing the order dtd. 19/12/2012 whereby and whereunder the amendment petition filed by the respondent no.1 was allowed.

(2.) Heard learned counsels for the petitioners and the respondent.

(3.) The respondent no.1 filed the aforesaid suit for partition claiming 1/12th share in Schedule I of the plaint and 1/6th share in Schedule B of the plaint. During pendency of the suit, she filed an amendment petition seeking certain amendments in the pleading and also to insert some plot numbers in schedule of the plaint. After appearance of respondent, the matter was heard and this writ application was allowed on 16/8/2013 and the impugned order dtd. 19/12/2012 was set aside. Subsequently the defendant nos.1 and 2 filed Civil Review No.395 of 2013 on the ground that they were not impleaded as party to the said writ application. The suit relates to partition of joint family property and they have also interest in the suit property. This court as per order dtd. 20/8/2014 allowed the review application and recalled the order passed in the writ application and fixed the case for admission.