RADHA SINGH Vs. RAJESHWARI PRASAD SINGH

JUDGEMENT

(1.) Heard the parties.

(2.) It is submitted by Mr. P.K. Prasad, appearing for the petitioners, that a petition under Order VI Rule 17 of the Code of Civil Procedure was filed on behalf of the plaintiffs-petitioners in Partition Suit No. 22 of 1995 for deleting/adding some of the properties described in the schedule of the plaint, which was allowed by making endorsement on the petition itself on 20.6.2001. Accordingly, the amendments were carried out in the plaint by the learned Advocate. However, no formal order was recorded in the order-sheet to the said effect. Thereafter a petition under section 151/152 of the Code of Civil Procedure was filed on behalf of the plaintiffs- petitioners which has been rejected by the impugned order dated 12.12.2003. Taking the line of least resistance, he submitted that this Court may consider: whether the said petition filed by the plaintiffs- petitioners under Order VI Rule 17 of the Code of Civil Procedure on 13.9.2000 should be allowed or not?

(3.) Mr. D.K. Prasad, learned counsel appearing for some of the respondents submitted that he has got no objection to amendments, whereas, Mr. B.V. Kumar, learned counsel appearing for some of the respondents objected to the amendment.