Mungeshwar Sahoo, J.

Heard learned counsel, Mr. Kaushal Kishore Mishra, appearing for the petitioner and learned counsel, Mr. Nagendra Rai, appearing for the respondents.

2. This civil revision application has been filed by defendant No.2-petitioner under Section 115 of the Code of Civil Procedure against the order dated 10.03.2016 passed by the Sub-Judge-Ist, Chapra in T.S. No. 17 of 2015, whereby the learned court below rejected the application filed by the present petitioner under Order 7, Rule 11 (d) C.P.C.

3. It appears that the plaintiffs-respondents filed the aforesaid suit claiming partition of ?rd share in the suit property. Admittedly, defendant No.2, the plaintiff and respondent No.2 are three own sisters. The suit has been filed for partition to the extent of ?rd share in the property of their father. It is alleged that the parties are joint and there had been no partition in the property.

4. The written statement has been filed by the defendant-petitioner contesting the suit alleging that there had already been partition between the parties and according to the partition, parties are in separate possession and prior to that mother had gifted the property orally to t