DINESH MEHTA,J. - (1.) The present writ petition is directed against the order dated 11.07.2018 passed by the learned Additional District Judge No.3, Bikaner (hereinafter referred to as the 'Trial Court') rejecting petitioner's application under Order 6, Rule 17 of the Code of Civil Procedure, 1908.
(2.) Shorn of unnecessary details, the precise facts relevant for the present purposes are that the plaintiff - respondent No.1 filed a suit for partition, wherein the defendant - petitioner herein had filed the written statement in the year 2013. After filing the written statement, the issues had been framed on 26.11.2013. Thereafter plaintiff completed his evidence; and when the matter was pending for defendant's evidence, the petitioner filed an application on 10.08.2015, under Order 6, Rule 17 of the Code of Civil Procedure, 1908 seeking amendment in the written statement inter alia, alleging that there were certain more properties of the common ancestors, which were required to be considered in the present suit for partition. Petitioner stated that particulars of such properties have not been brought on record by either of the parties, which would cause serious prejudice to their rights.
(3.) The application seeking amendment was opposed by the plaintiff by way of filing a reply.;