PARAS NATH UPADHYAY Vs. PARVATI DEVI

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India is directed against the order dated 27.8.2003 passed by Subordinate Judge, IVth, Daltonganj in Partition Suit No. 38/2000 whereby the prayer of the petitioner for amendment of the plaint has been refused.

(2.) THE petitioner, who is the plaintiff, filed partition suit No. 38/2000 in the Court of the Subordinate Judge, Palamau at Daltonganj for a decree of partition of the properties. It was alleged, inter alia that the suit property is the joint family property and there has never been any partition by metes and bounds. It was further alleged that in the year 1950 there was a partition suit being partition suit No. 61/1950 in which the petitioner and the father of defendant Nos. 8 and 9 were the plaintiffs of the said suit. In order to defeat the interest of the plaintiff and his brother, a petition of compromise was filed on behalf of the minors without their knowledge. The said suit - was disposed of in terms of the compromise petition on 31.8.1955.

(3.) THE plaintiff -petitioner filed a petition in the instant suit seeking amendment of the plaint by adding relief of declaration that the judgment dated 31.8.1955 passed in partition suit No. 61/50 was the result of fraud and collision and it is a purposive document. The said petition was opposed by the defendants -respondents.