SUSHILA DEVI @ SUSHILA KUER Vs. MANJU DEVI

JUDGEMENT

(1.) This application has been filed by the petitioners for setting aside the order dated 30.11.2018 passed by the learned Sub-Judge-VIII, Kaimur at Bhabua in Title Suit No.399 of 2013 whereby the amendment petition filed on behalf of the plaintiffs under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure has been allowed with cost of rupees five hundred.

(2.) The petitioners are defendants in Title Suit No.399 of 2013.

(3.) Learned counsel appearing for the petitioners submitted that the order impugned passed by the trial court is bad in law as it failed to consider the compromise decree passed in the year 1971 in Partition Suit No.999 of 1970 and 264 of 2004. She contended that the plaintiffs have no concern with the property purchased by Late Babban Singh by the Stridhan Dhan of petitioner no.1. She contended that the plaintiffs have no right over the property at Varanasi and amendment petition dated 01.02.2016 for addition in Schedule "K" filed by the plaintiffs was fit to be rejected.