Aparesh Kumar Singh, J. - (1.) Heard counsel for the petitioners.
(2.) The learned Trial Court of Civil Judge-II, Chatra in Partition Suit No. 14/2008 by the impugned order, dated 28-11-2014, has rejected the petition of the defendant Nos. 1 and/ petitioners herein under order VI, Rules 17 of Civil Procedure Code. Petitioners being aggrieved, has approached this Court.
(3.) Counsel for the petitioners submits that the proposed amendments do not change the nature of the suit and are only for correction of certain typographical errors in the written statement filed by these two defendants. The suit is for partition and defendants have contested the claim of the plaintiffs. Therefore, proposed amendments were proper and have not been filed belatedly in the matter. Learned Trial Court however has rejected the petition without consideration of the issues in the light of principles contained in Order VI, Rule 17 of Civil Procedure Code. It is further submitted that after closing of the plaintiff's evidence, five defendants witnesses have been examined and examination of these two petitioners being Defendant Nos. 1 and 2 have not been completed. It is further stated that Pleader Commissioner is also requested to be examined. It is submitted that, if amendments are not allowed, petitioners/defendants 1 and 2 would suffer irreparable injuries.;