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SAMARENDRA PRATAP SINGH
Nand Kishore Rai – Appellant
Versus
Shakuntala Devi – Respondent
ORDER
Heard learned counsel for the petitioners as well as learned counsel appearing for respondents.
2. The petitioners, who are defendants in Title Suit no.11 of 2008, have prayed for quashing the order dated 25.2.2010, passed by learned Sub-Judge-IV, Patna in Title Suit no. 11 of 2008 by which he has allowed the amendment petition dated 9.6.2008 filed on behalf of plaintiff-respondent no.1.
3. Before I take up the rival submissions of the parties for consideration, it would be relevant to notice the facts of the case in brief:
4. One Smt Shakuntala Devi, the plaintiff-respondent no.1 filed title suit no. 11 of 2008 in the court of Sub-Judge-IV, Patna against the petitioners-defendants as well as respondents-defendants 2nd set for partition of 1/4th share in the scheduled property.
5. The case of the plaintiff is that late Bipat Mahto was the common ancestor of both the parties, who had two wives. From 1st wife he had one son Deonandan Rai and from 2nd wife he had two sons Dayanand Rai and Nand Kishore Rai. Bipat Mahto died leaving behind the heirs mentioned above. Late Bipat Mahto also had two cousins namely Bilash Bhagat and Bulkan Bhagat, who died leaving behind their heirs. After
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