Shree Chandrashekhar, J. - (1.) Mr. Munna Lal Yadav, the learned counsel appears for all the respondents.
(2.) Aggrieved of order dated 19.06.2012 by which an application for amendment in the plaint has been declined, the petitioners have approached this Court.
(3.) Partition Suit No. 04 of 2006 was instituted by Ashok Prasad, Paras Nath Prasad and Satyadeo Prasad. Thakur Prasad and others were the defendants. The suit was instituted for preliminary decree of partition claiming 1/3 share in the suit properties. The plaintiffs have pleaded that one Ganpat Sao was the common ancestor of both the parties who died in December, 1955 and Gulaichi Devi also died within one or two months of his death. Ghutani Lal was karta of the family who died in the year 2000 AD and then Raghunandan Sao also died in the year 2001. Through the genealogical table given in the plaint, the plaintiffs have claimed how the parties were separated in status, mess and residence in the year 1965. Before his death Ganpat Sao had acquired 4 acres land under Khata No. 148 in village Chatra granted by ex landlord in the year 1945 AD in his name and in the name of Gulaichi Devi jointly. In paragraph No. 4 of the plaint there is a description of " schedule II: properties which, the plaintiffs have claimed, were converted into agricultural land and amalgamated with schedule I lands. In the pending suit at the time of arguments an application seeking the following amendments was filed; ...[VERNACULAR TEXT OMITTED]... A. In second line of "Relief I" of the plaint Schedule II be added after Schedule I. B. It is necessary to amend by adding "situated in village Chatra Tola Bhelwadih, Thana No.175, Tola Bhelwadih" at the end of Schedule I, at the last of page No. 9 of the plaint. C. It is necessary to amend Thana No.182 instead of Thana No.181, under Schedule "I", which is the 5th line of page No. 10 of the plaint.;