Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India, wherein order dated 22.03.2017 passed in Title (Partition) Suit Case No.55 of 2013, whereby and whereunder, petition dated 29.09.2014, filed by the defendant/petitioner, under order VI Rule 17 of the CPC, seeking therein amendment in the written statement by incorporating therein the details as follows:- It is respectfully submitted that flat no.1/24 was allotted in the name of M/s Jamshedpur Traders, 85 Hume Pipe Road, Sakchi, Jamshedpur vide allotment letter no.321 dated 11.02.74 requested of the allottee again allotted in the name of Neeraj Chandra the plaintfiff on rental basis by the housing Board as evident from the letter dated 6.8.91. The house in question was delivered in the plaintiff's possession on 01.09.91. Subsequently, under the scheme of Bihar State Housing Board for sale of the housing board flats, earlier give on rental basis the defendant no.1 requested for sale of the above flat in favour of the plaintiff. Accordingly, the Board transferred the above flat in the name of plaintiff Registered Deed no.5351 dated 31.12.2007".
(2.) The court having considered the stage of suit since at that time the issues were not framed and therefore, the same was allowed, against which the writ petition has been filed.
(3.) Having heard learned counsel for the petitioner and going across the pleading made in the writ petition as also the impugned order it is evident that a suit has been filed in between the defendant and plaintiff for partition of the suit property and after filing of the written statement and before framing of the issues, a petition under Order VI Rule 17 of the CPC has been filed for making the amendment as quoted hereinabove.;