S. B. Sinha, J.

1. This civil revision application is directed against the order dated 26-11-1986 passed by Sri N. N. Singh, Subordinate Judge, khagaria in Title Suit No.20 of 1975 whereby and whereander the said leamed Court rejected the application filed by the plaintiff-petitioner for amendment of the plaint in terms of Order VI, Rule 17 of the Code of Civil procedure.

2. It is not necessary in this case to state the facts of the case in details. The plaintiff filed the aforenmentioned suit for partition. The admitted case of the parties is that both of them are purchasers from the original owners. In paragraph 6 of the plaint, the plaintiff stated as follows :

"that the plaintiff is the purchaser of -/8/- annas interest of the properties detailed in Schedule No.2 of the plaint from the defendant nos.2 and 3 and the plaintiff has been in joint possession of the properties detailed in Schedule No.2 of the plaint along with defendant 2nd party who claim to be the purchaser of the interest of Mahabux Ram. It should be noted that there was defination of share between Mahabux Ram and the defendants nos.2 and 3 but there has been no partition by metes and bonds though parties