V. Nath, J. – Heard Mr.Yogendra Prasad Sinha, learned counsel appearing for the petitioners and the learned counsel for the plaintiff-respondent.

2. The legal acceptability of the impugned order by which the learned court below has allowed the prayer for amendment as prayed by the plaintiff has been questioned in the present application under Article 227 of the Constitution of India.

3. The facts are not in dispute between the parties that the suit has been filed by the plaintiff-respondent in the year 2006 for partition. It is also admitted fact between the parties that the written statement has been filed by the defendant-petitioner on 10.04.2007. The fact is also not disputed that in the written statement in paragraph-34, the defendants have raised their claim over the suit property on the basis of a gift deed dated 21.06.1922. The plaintiff filed the petition for amendment on 01.07.2015 seeking to incorporate the averments as well as the relief against the said gift deed 21.06.1922. By the impugned order, the learned court below has allowed the prayer for amendment after imposing cost.

4. After considering the submissions and perusal of the materials on record as well as the imp