ORDER :

Petitioner being the plaintiff in a partition suit in O.S.No.206/2009 is invoking the writ jurisdiction of this Court for assailing the order dated 30.01.2019 a copy whereof is at Annexure-K whereby the learned Sr. Civil Judge, Doddaballapura having rejected his application in IA No.30 filed under Order VI Rule 17 of CPC, 1908 has denied leave to amend the plaint, as sought for.

2. After service of notice, respondents having entered appearance through their counsel resist the writ petition making submission in justification of the impugned order and the grounds on which it has been structured.

3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter because:

(a) admittedly, the suit is for a decree of partition & separate possession; subject application seeking leave to amend the plaint was moved much before the trial had commenced; it is the consistent view of the Apex Court and this Court that the pre-trial amendments need to be treated with leniency and more so when suit is for partition or declaration of title; this aspect having not been duly considered by the learned judge of the C