Manoj Kumar Gupta, J. - (1.) The plaintiff-respondents instituted a suit for partition of their ⅝ share in the suit property against the petitioners. In the suit, a written statement-cum-counter claim was filed by the petitioners. At the time of disposal of the application for temporary injunction, the trial court noticed that the plaintiff-respondents have not disclosed the area, coming to their share. Accordingly, an order was passed by the trial court on 5.12.2013 directing the plaintiffs respondents to clarify their pleadings and the disposal of the injunction application was deferred. In pursuance of the information sought by the trial court, the plaintiff-respondents filed an application paper no. 58 (Ka) seeking amendment in the plaint. Apart from providing information regarding the area which would come to their share on partition, they also sought a relief for accounting with the allegation that certain part of joint property was illegally let out by the defendants to various tenants and the plaintiffs is entitled to their share of the rental income. The application was opposed by the petitioners on the ground that the amendment sought would change the nature of the suit. The trial court by an order dated 20.11.2014 allowed the amendment application. The trial court held that the amendment sought would not change the nature of the suit and is essential for avoiding multiplicity of proceedings. The order has been affirmed with the dismissal of revision by an order dated 4.4.2015, passed by District Judge, Kanpur Nagar. These orders are subject matter of challenge in the instant petition under Article 227 of the Constitution.
(2.) The only submission made by learned counsel for the petitioner is that the relief of accounting sought by the plaintiff-respondents would change the nature of the suit.
(3.) The suit is for partition of the share of the plaintiff-respondents in a joint property. In case, as alleged by the plaintiff-respondents, certain part of joint property has been let out to the tenants, a co-sharer may be held entitled to proportionate share of the rent.;