1. This revision petition has been preferred against the order dated 30.9.1999 passed by sub-Judge-IV at Bhagalpur in Title Suit no. 139 of 1989 whereby and whereunder the prayer made by the plaintiff-petitioner under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure for amendment of the plaint has been rejected.

2. The plaintiff filed Title Suit no. 139 of 1989 for partition and separate allotment of 1/5th share in Item no. 2 and 1/8th share in item no. 1 of Schedule-A in favour of the plaintiff. The relationship between the plaintiff and defendants are that the plaintiff and defendant no. 1 are the sons of defendant no. 2. That there was amicable partition between the father of the plaintiff with his other co-sharers is admitted. It was also stated in the plaint that there was some amicable settlement between the plaintiff and defendants in respect of some properties and some properties remained joint and hence, the partition suit. In the written statement filed it was contended that there was oral exchange between defendant no.2 and plaintiff no. 2 regarding their amicably settled protions and then defendant no. 2 made a deed of gift in favour of defen