1. The petitioner is aggrieved by the order dated 5.5.2015, delivered by the trial Court, below Exhibit 89 in Special Civil Suit No.24 of 2011, which has resulted in the rejection of an application seeking amendment to the plaint under Order VI Rule 17 of the Code of Civil Procedure (“CPC”).

2. The petitioner contends that Special Civil Suit No.24 of 2011 has been filed for seeking declaration, partition, separate possession and perpetual injunction. Respondent Nos.1 and 2 are the original defendants, who are real brothers of the petitioner / plaintiff. Respondent Nos.3 and 4 are the real sisters of the petitioner.

3. The father of the petitioner, who originally hails from Jaunpur, in Uttar Pradesh has migrated to Shrirampur in 1972, where he has started his business.

4. In the suit preferred by the petitioner, defendant Nos.3 and 6 have not caused an appearance despite service and hence the suit has proceeded ex parte against these two defendants by order dated 11.10.2011. Defendant No.1 did not prefer filing a Written Statement and hence the matter has proceeded without his Written Statement by order dated 8.11.2011. Shri Karpe, therefore, submits that defendant No.2 / respo