Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 1.6.2010 passed by the learned court of Subordinate Judge I, Kaimur (Bhabhua) in Title Suit No. 269 of 2008 whereby and whereunder the petition filed by the petitioner-plaintiff under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint has been rejected.

2. The brief facts of the case, according to the petitioner is that the petitioner herein, who is the plaintiff no. 1 filed a title suit bearing Title Suit No. 269 of 2008 for partition of 3/4th share in the joint family property, as mentioned in the schedule K of the plaint. The defendants had appeared and filed their written statement in the aforesaid suit denying the claim of the petitioner. Thereafter, the petitioner filed a petition dated 15.2.2010 under Order 6 Rule 17 read with Section 151 of the Civil Procedure Code for amendment of the plaint to the effect that three sale deeds be set aside and for the said purpose, name of the six persons be added as defendants to the suit. The defendant no. 7 had filed a rejoinder on 10.3.2010, objecting to the aforesaid amendment petition dated 15.2.2010 on the ground that