M.R.Mallick, J. - (1.) The petitioners who are the defendants in the Title Suit No. 61/84 pending in the Court of Asst. District Judge, 1st Court Alipore, 24-Pgs. (South) has moved this Revision Application u/s. 115 of Code of Civil Procedure challenging the order of amendment passed by the Ld. Trial Judge allowing the plaintiff/opposite party's application for amendment of the plaint.
(2.) Facts which are necessary for disposal of this amendment petition, may be stated as follows :- The plaintiff-opposite party filed the present suit for partition in April 1984 against the original defendant who is dead and now substituted on her by the present petitioners for partition of the suit property claiming that the suit property belonged to Mrs. Harnam Kaur and the opposite party and the original defendant being the two daughters of Harnam Kaur had inherited the said property into equal shares.
(3.) The original defendant on entering appearance and filed written statement on 29th August, 1984 contesting the suit and claiming to be the exclusive owner of the suit property by virtue of a Deed of Gift executed and registered by Harnam Kaur on 29th August, 1984.;