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1977 Supreme(Pat) 28

LALIT MOHAN SHARMA
Kalpana Choudhury And Another – Appellant
Versus
Debi Dayal Choudhary – Respondent


Judgment

1. This civil revision applica-tion by two defendants is directed against the order passed by the trial Court allowing certain amendments in the plaint Mr. Ghosh appearing for the petitioners has stated that he is challenging by this application, only that part of the order where the Court has allowed the prayer for partition to be included in the plaint,

2. The suit originally was filed, inter alia, for eviction of the defendants. Dur-ing the pendency of the litigation, the present plaintiffs 13 to 21 claimed to be pendente lite transferees from plaintiffs 1 to 7 and 9 to 12 in respect of 95 per cent interest in the subject-matter of the suit and they were added as co-plaintiffs. Defendant No. 4 who is one of the peti-tioners, claimed to be a transferee of 5 per cent interest of plaintiff No. 8. The added plaintiffs applied for transposition of plaintiff No. 8 to the category of defendants and for certain other amendments including a relief for partition.

3. Mr. Ghosh has strenuously contended that by permitting the prayer of parti-tion to be included in the plaint, the nature of the case has undergone a change and it is not possible in the circumstances of the case to per


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