ISHWARI NANDAN SINGH Vs. KARNESHWARI NANDAN SINGH

JUDGEMENT

(1.) This Civil revision application is directed against the order dated 10.6.1998 passed by the Subordinate Judge I, Patna, in Title (partition) Suit No. 117 of 1995, whereby he has rejected the amendment petition filed by Defendant Nos. 2 and 3 for amendment of the written statement.

(2.) Brief facts relevant for the purpose of the case are that the plaintiff -Opp -party No. 1 filed the aforesaid Title (partition) suit claiming a decree of partition in respect of the suit properties consisting of a house and buildings situated in the town of Patna and also in the District of Sheohar. In the plaint it was alleged that earlier Title (partition) suit No. 145 of 1971 was filed by Kameshwari Nandan Singh, the plaintiff. The said suit was compromised and a compromise decree was passed, However, the compromise decree was not acted upon, inasmuch as the parties did not partition the property as per terms of the compromise decree. The defendants -petitioners appeared in the suit and filed written statement stating inter alia that the suit is bad for partial partition because the Orchard situated in village Shahbazpur bearing plot No. 180 has been omitted and not included in the plaint which is still in joint possession of the parties. The defendants stated that the said plot is also liable to be demarcated as per compromise decree. In view of the defence taken by the defendants the plaintiffs filed a petition for amendment of the plaint for addition of the aforesaid plot No. 180 in order to avoid any defect in the partition suit. The said amendment petition was allowed. The defendants -petitioners then filed an amendment petition seeking amendment of paragraph 5 of the written statement. That application was rejected by the impugned order in this revision application.

(3.) I have heard Mr. Ravi Shankar Prasad, learned Counsel appearing on behalf of the petitioners and Mr. P.N. Roy, learned senior counsel appearing on behalf of the opposite party No. 1 and Mr. Lalit Kishore, learned Counsel for the opposite party No. 2.