GIRJA DEVI Vs. BASUDEV SAO

JUDGEMENT

(1.) THE present writ petition has been preferred against the order passed by the learned Sub -Judge -III, Giridih dated 7th January, 2011 in Partition Suit No. 33 of 1998 whereby, an amendment application preferred by the present petitioner, who is an original plaintiff, under Order VI Rule 17 of the Code of Civil Procedure has been dismissed.

(2.) THOUGH the notice was issued by this Court on 21st February, 2011 to be served by personal service, only respondent no. 3 has accepted the notice, but, he has not chosen to appear before this Court. So far as the rest of the respondents are concerned, they have refused to accept the notice of this Court and an affidavit to that effect has also been filed by the counsel for the petitioner.

(3.) HAVING heard counsel for the petitioner and looking to the facts and circumstances of the case, it appears that the petitioner wants to add after the end of paragraph no. 4 of the plaint, which reads as under: -