S.N.Hussain, J.

1. Heard learned counsel for the parties.

2. Petitioners are defendants of Title Suit No. 93 of 1999 which was filed by opposite parties 1-3 for declaration of their title and recovery of possession and also challenging the entries in revisional survey Khatian and for other ancillary reliefs.

3. The petitioners are aggrieved by order dated 4.12.2004 passed in the aforesaid suit by which the learned Subordinate Judge-IV, Sitamarhi, allowed the plaintiffs petition for amendment of the plaint of their aforementioned suit.

4. The facts of this case. In short, are that the suit was filed in the year 1999 whereafter the defendants-petitioners appeared and filed their written statement on 22.12.2000 after serving a copy of the same on the learned counsel for the plaintiffs. Much thereafter on 21.4.2004 the plaintiffs filed a petition (Annexure-1) under Order VI Rule 17 of the Code of Civil Procedure for amending the plaint by way of adding a few statements and relief for cancellation of deeds dated 17.9.1952 and 13.3.1955 executed by the predecessor of the plaintiffs.

5. The said amendment petition was rejected by the learned Court below by order dated 8.7.2004 (An