BARUN KUMAR MALVIYA Vs. ANIL KUMAR MALVIYA

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 18.06.2018 passed in Partition Suit No.401 of 2015 by Sub-Judge-I, Ranchi has been assailed whereby and whereunder the petition filed under Order VI Rule 17 read with Section 151 of the CPC dated 04.08.2016 by the petitioner/plaintiff has been rejected.

(2.) The petition has been filed on 04.08.2016 under Order VI Rule 17 read with Section 151 of CPC seeking therein leave of the Court to allow the plaintiff to make addition in the plaint as also the prayer made therein to the effect as to insert the prayer pertaining to declaring the registered deed executed in favour of defendant No.7 on 16.10.2004 as illegal, null and ab-initio void but the same has been rejected on the ground that if the said amendment would be allowed, the nature and character of the suit would change from partition suit to that of the title suit.

(3.) Before entering into the legality and propriety of the impugned order, this Court deem it fit and proper to narrate certain factual aspects which is relevant for the purpose.