- (1.) I. M. Quddusi, J. The facts relevant for the disposal of the present revision lie in a narrow compass.
(2.) THE instant revision has been preferred by the revisionists- defendants against the order dated 23-1- 2001 passed by 3rd Additional District Judge, Bahraich in Regular Suit No. 134 of 1997, Krishna Devi v. Laxmi Prasad and others by which the amendment application seeking cer tain amendments in the plaint as well as in replication by the plaintiff-opposite party has been allowed. The suit in question was filed on 1st of May, 1997 in the Court of Civil Judge (Junior Division), Bahraich by the plain tiff-opposite party for partition of her share to the extent of 1/2 with a prayer for permanent injunction restraining the defendants-revisionists from interfering in her share. The present revision has been filed on the ground, inter alia, that by the proposed amendment, a new cause of ac tion based on the Will dated 8-9-1979 has been sought for; that the plaintiff-defen dant had never based her claim on the Will dated 8-9-1979 and the learned Court below has wrongly held that the opposite party had already said in her replication that she had filed Regular Suit No. 65 of 1979 on the basis of aforesaid Will which has become time barred; that an effort has been made to delay the disposal of the case by the proposed amendment because now the case is at the stage of end of the evidence.
(3.) 1 have heard learned counsel for the revisionists-defendants and learned counsel for caveator- opposite party at length and I am of the opinion that keeping pending this revision any more would not be proper and, therefore this revision is finally disposed of at the admission stage itself. A perusal of the documents produced by the learned counsel for the caveator-opposite party show that the par ties have come to this Court in fourth round of litigation. Earlier writ petitions bearing No. W. P. No. 133 (M/s) of 1988, Smt. Krishna Devi v. IIIrd Additional Dis trict Judge, W. P. No. 134; (M/s) of 1998, Smt. Krishna Devi v. IIIrd Additional Dis trict Judge, W. P. No. 2753 (M/s) of 1999, Laxmi Prasad v, Civiljudge and CR No. 18 of 1999,laxmiprasadv, Smt. Krishna Devi, have been filed by the parties which were disposed of by this Court.;