VIJAYA LAKSHMI SHRIVASTAVA Vs. ANAND VARDHAN PRASAD

JUDGEMENT

(1.) The present petition has been preferred against an order passed by Sub Judge-I, Chaibasa dated 16th May, 2009 in Title (Partition) Suit No. 21 of 2002 whereby, an application preferred by the present respondent no.1 (original plaintiff) for amendment in the plaint has been allowed and thereby the present petitioners, who are original defendants, are under reasonable apprehension that they may be deleted in the Title (Partition) Suit No. 21 of 2002. Looking to the clumsiness stated in the amendment application and the wordings of the amendment has created apprehension in the mind of the original defendants, that they may be deleted from the party defendants and therefore, the present petition has been preferred.

(2.) I have heard learned counsel for the respondents, who has submitted that the trial court has allowed the amendment and the plaint is now required to be amended. So far as the merit of the new pleas raised by the original defendants are concerned, the suit is already pending and it will be decided in final hearing and there is no intention on the part of the respondents to delete the present petitioners as party defendants in the Title (Partition) Suit No. 21 of 2002, nor there is any order of deletion of party-defendant has been passed by the trial court and therefore, apprehension of the petitioners is baseless. Nonetheless, it may be clarified by this Court that petitioners will be continued as substituted defendants in the Title (Partition) Suit No. 21 of 2002.

(3.) In view of this limited prayer and looking to the facts and circumstances of Title (Partition) Suit No. 21 of 2002 and looking to the impugned order passed by Sub Judge-I, Chaibasa dated 16th May, 2009, which is part of Annexure-3, there is no order against the present petitioners wherein the petitioners are deleted as party defendants in Title (Partition) Suit No. 21 of 2002. Nonetheless, I hereby clarify that the present petitioners are continued to be defendants in the Title (Partition) Suit No. 21 of 2002 and the matter will be heard by the trial court, keeping these petitioners as defendants. Trial court has not decided the merits of the case at all, only the amendment application is allowed, but, the merit of the allegation are yet to be decided by the trial court.