JUDGMENT :

ANIL KUMAR SINHA, J.

1. The present application has been filed challenging the order dated 12.03.2018 passed by learned Subordinate Judge XII, Siwan in Title Suit No. 110 of 2013 whereby the amendment petition of the petitioner filed in the counter claim has been rejected.

2. The brief facts of the case is that Title Suit No. 110 of 2013 was filed by the plaintiff-respondent 5th set in the court of Subordinate Judge-1st, Siwan for declaration that the disputed property is the ancestral property of the plaintiff and defendant 1st set and defendant 2nd set have no concern with the property in dispute along with other reliefs. The defendants appeared and filed collusive written statement inasmuch as according to the petitioner the suit filed by the plaintiff-respondent 5th set was collusive in nature. When the petitioner came to know about the filing of the suit he immediately filed an application for adding him as party defendant in the suit in which he succeeded and was allowed to be impleaded as defendant no. 5 in the suit.

3. The petitioner/defendant no. 5 filed contesting written statement and also filed his counter claim on 27.04.2015 praying therein to declare his title