LAWS(JHAR)-2016-11-114

DINESH CHANDRA GUPTA Vs. SHRESTHA GUPTA

Decided On November 08, 2016
DINESH CHANDRA GUPTA Appellant
V/S
Shrestha Gupta Respondents

JUDGEMENT

(1.) Heard counsel for the petitioners.

(2.) By the impugned order dated 6th Sept. 2016 passed by the Court of learned Civil Judge (Sr. Division)-II, Chaibasa in Title (Partition) Suit No. 26/2013 the amendment petition filed by the plaintiff has been allowed. Petitioners allege that they have not been allowed to file additional written statement to the facts being incorporated by way of amendment petition.

(3.) Counsel for the petitioners submits that the suit is for partition of property amongst the co-sharers. Schedule to Annexure-1 (plaint) describes the properties subject matter of partition. After framing of the issues, however, by an amendment petition (Annexure-3) the plaintiff has sought to incorporate certain properties described at paragraph-10 which are houses and premises situate under different wards of Chakradharpur Municipality. The valuation of the suit would also change consequently. Petitioners may also be denied opportunity to object to the facts brought on record through the amendment which may adversely affect their defence in the main suit also. Plaintiff, therefore, should not have been allowed to enlarge the scope and subject matter of the partition suit by incorporating additional properties at such an advanced stage of trial. Interest of justice would, therefore, be defeated, if such amendments are permitted to be incorporated.