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2023 Supreme(Pat) 928

ARUN KUMAR JHA
Nazma Khatoon – Appellant
Versus
Salma Karim – Respondent


Advocates Appeared:
For the Petitioners: Mr. Dronacharya.
For the Respondents: None.

Arun Kumar Jha, J. – Heard learned counsel for the petitioners.

2. It has been submitted by the learned counsel for the petitioners that by the order dated 2nd of June, 2016, the learned Sub Judge-I, Jamui, rejected the application dated 16th of December, 2013 in Title Suit No. 37 of 2004 for bringing on record the additional written statement filed by the petitioners/defendants.

3. Learned counsel for the petitioners submits that the respondents/plaintiffs filed a title suit in the court of learned Sub Judge, 1st Jamui, seeking preliminary decree for partition of the suit property to the extent of plaintiff’s share to be awarded in favour of the plaintiffs and the same to be carved out by appointment of a survey knowing Pleader Commissioner as well as other reliefs. Subsequently, plaintiffs filed an amendment petition dated 6.6.2013 to the effect that the land mentioned in the Schedule II of the plaint of village Mahisouri (Jamui) appertaining to Khata No. 129, Plot No. 911, area 4 decimals be deleted from Scheduled property and accordingly, the total area of 19 decimals of village Mahisouri (Jamui) be corrected as 15 decimals. This amendment was allowed by the learned court below v

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