Dharampal Sinha, J.

1. Heard learned Counsel for the petitioners as also counsel for the opposite parties.

2. In this revision petition the petitioners, who were defendants in Title (Partition) Suit No. 31 of 1990, pending in the Court of Sub-ordinate Judge I. Biharsharif, have assailed an order dated 2.12.1995, passed by the learned Subordinate Judge, whereby he has allowed a petition filed under Order VI, Rule 17 of the Code of Civil Procedure by the plaintiffs proposing some amendments in their plaint.

3. The amendment petition had been filed on 8.11.1995 proposing amendment, as appears from the copy of the petition for amendment annexed as Annexure-1 to this revision petition, which was mainly related to some facts constituting fraud in the execution of a deed of gift and a deed of sale. The plaintiffs had filed title suit for partition and the defendants-petitioners herein had filed their written statement on 4.9.1992, in which they had taken stand that some of the subject matter of the partition as included in the plaint has been acquired by them under a deed of gift executed long back in the year 1967 and some under a sale-deed also a very old one. The amendment peti