SHAKARA KHATOON Vs. MUMTAZ ALAM

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) Learned counsel for the petitioners while advancing the argument has confined the prayer to extent of quashing the order dated 28.06.2019 (Annexure-9 to the writ petition) passed by the Additional Munsif-II, Koderma in Title Suit No. 30 of 2012 by reasons of which the application filed by the petitioners under Order XXIII Rule 1(3) of the Code of Civil Procedure (in short "CPC") has been rejected.

(3.) The factual background of the case as stated in the writ petition is that Title Suit No. 30 of 2012 has been filed by the original plaintiffs Md. Taslim and Jaibunis in the Court of Civil Judge (Jr.Divsion)-II (Munsif), Koderma against the defendants/respondents seeking a decree for declaration that the plaintiffs have the right of passage over the suit property besides other reliefs. The defendants contested the suit by filing written statement. The issues were framed in the said suit on 20.02.2013. The petitioners being the legal heirs of the original plaintiffs, filed an application dated 05.09.2018 under Order VI Rule 17 read with Section 151 of CPC seeking amendment in the plaint which was objected by the defendants by filing rejoinder to the said application. The court below vide order dated 07.02.2019 rejected the amendment application. Thereafter, the petitioners/plaintiffs filed an application under Order XXIII Rule 1(3) of the CPC for withdrawal of the suit, however the court below vide order dated 28.06.2019 also rejected the said application. Hence, the present writ petition.