Sunil Dutta Mishra, J. – Despite valid service of notice, no one appeared on behalf of the respondent.

2. Heard learned counsel for the petitioners.

3. The instant Civil Miscellaneous application under Article 227 of the Constitution of India has been filed for setting aside the order dated 07.02.2018 passed by learned Sub- Judge 4, Gaya, in Title Suit No. 63 of 2015 by which amendment petition dated 17.05.2017 filed by the defendants/petitioners under Order 6 Rule 17 of the Code of Civil Procedure has been rejected.

4. The brief facts of this case are that the plaintiffs have instituted Title Suit No. 63 of 2015 for declaration that sale deed dated 18.04.2012 executed by plaintiff no. 1 in favour of defendants be declared as void and unenforceable in law as it is vitiated by fraud. The claim of the plaintiffs is that Dakhiya Devi (plaintiff no. 1) is an illiterate Pardanashin lady from whom signature on blank paper were taken and registered sale deed dated 18.04.2012 was executed by means of fraud and thus she challenged the legality of the said registered sale deed. Petitioners who are defendants in the suit appeared and filed their joint written statement denying the claim of the p