BUNWA DEVI Vs. CONGRESS MARAIYA

JUDGEMENT

(1.) The instant writ petition is under Article 227 of the Constitution of India, for quashing of the order dtd. 3/5/2013 passed in Title Suit No. 42 of 2006 by which the petition filed under Order VI Rule 17 of the CPC has been rejected wherein amendment has been sought for to the extent for granting leave to the petitioner who is plaintiff to the suit for deleting from the detail of the schedule property the Plot No. 112/154 Bari II 0.65 acres as under Schedule 1-A at page-13 of the plaint.

(2.) Such amendment has been sought for on the ground that the present partition suit relates to the land of separate dakhal kiyari recorded in the name of Sohan Maraiya and others and not for partition for any Ejmal land i.e., Plot No. 112/154 Bari IInd Class Area 0.65 acre of mouza Tilona and Plot No. 408 Bari IInd Class are 0.25 acre of mouza Khairiodih.

(3.) It has been contended by referring to Annexure-6 appended to the supplementary affidavit dtd. 2/2/2016 which is the copy of the plaint wherein it has been pleaded as under paragraphs-6, 7 and 8 that for the property in question, a separate partition suit is going on being Title Partition Suit No. 19 of 1998, therefore, amendment has been necessitated since for the said part of the plot which has been inserted in Schedule of the plaint, if allowed to remain there, the same will be not judicious.