MANJU DEVI Vs. RAMJEE SINGH ALIAS BHUTTU SINGH

JUDGEMENT

(1.) The petitioner has filed this revision against the order dated 9.7.2004 passed by Subordinate Judge I, Begusarai in Title Suit No. 162/2001 whereby the petition filed by the plaintiff-opposite party for amendment of the plaint has been allowed.

(2.) The relevant facts of the case are that the plaintiff- opposite party filed the above mentioned suit against the defendant stating inter alia therein that there was an amicable private oral partition between the parties and accordingly prayed for relief for declaration of title over schedule IV land, recovery of possession, for a direction to the defendants to vacate the suit premises and decree of mesne profit etc. The defendant-petitioner appeared in the suit and filed written statement stating inter alia.therein that Deo Narayan Singh being the eldest brother got Jethans in the said private partition. After filing of the written statement, the plaintiff-opposite party filed an application for amendment of the plaint under Order VI Rule 17, CPC stating therein that in the written statement that Deo Narayan Singh got Jethans is absolutely false and baseless. Neither there was any custom of Jethans nor any Jethans was given to him. In partition equal share was allotted to Deo Narayan Singh in view of the wrong and,, false statement in the written statement it has become essential to amend the plaint.

(3.) The amendment sought for was detailed facts denying the plea in the written statement to the effect that Deo Narayan Singh got Jethans in private partition as there is no proof or paper of partition. The defendants have dispossessed the plaintiffs and hence the plaintiffs seek alternative relief of partition of the properties mentioned in Schedule IV of the plaint and in that case the land purchased by the parties be allotted to them. In Schedule V land eight annas share belonged to Babu Lai out of which Jang Bahadur had 1/3rd share, Jang Bahadur died leaving behind two sons, plaintiff No. 1 Phulena and three daughters i.e. 1/6th and Lai Bahadur had 1/3rd each out of eight annas and out of eight annas Jageshwar Singh had 1/3rd share etc. and also to avoid technical objection of non-joinder of necessary party and in view of seeking alternative relief, the plaintiffs have been advised to implied other legal heirs of Bhuneshwar Singh, Jageshwar Singh, Ram Bahadur Singh and Jang Bahadur Singh whose names have been given in the petition as defendants in the suit. He also prayed for addition of a relief i.e. in the alternative a preliminary decree for partition be awarded and after appointment of survey knowing pleader Commissioner separate patti be carved out and the land sold by the parties be allotted to the said purchasers and final decree be passed and delivery of possession be effected. The Court below after hearing the parties allowed the amendment holding that proposed amendments are essential and would not prejudice the case of the defendants.