- (1.)Leave granted.
Aggrieved by judgment and order dated 24.1.2012 passed by the High Court of Patna in C.W.J. Case No. 12465 of 2010, the Respondents therein preferred this appeal.

The Appellants herein are the Plaintiffs in Title suit No. 150 of 2001 on the file of the Sub-Judge, Gopalganj, Bihar. The suit is for partition of the property of a joint family consisting of the Plaintiffs and the Defendants.

(2.)The admitted facts are: the suit was filed on 18.4.2001. The Defendants, i.e., the Respondents herein filed a written statement on 5.10.2001. The suit went for trial. The evidence of the Appellant's side was closed on 26.8.2009. Evidence of the Respondent's side was closed on 26.10.2009. Thereafter, the suit was posted for arguments to be heard on 3.12.2009. On 14.12.2009, it appears the Defendant filed an application with the prayer as follows:
"Therefore, it is prayed that the issue of partial partition may kindly be framed among the issues framed in view to the facts mentioned above."

(3.)Subsequently, the Respondents filed another application on 8.3.2010 with the prayer to amend the written statement thereby setting up a counter claim. The prayer in the said application is as follows:
"(1) ...decree may kindly be passed by the Court with regard to 1/3 share in counter claim as per Schedule No. 6 of the written statement and a separate possession be granted after partitioning the 1/3 share of the Defendants through officials of the Court.

(2) after Schedule No. 5 of the written statement the Schedule No. 6 be inserted as hereunder."