Bhaskar Bhattacharya, J.

This appeal is at the instance of the defendant Nos.5 and 12 in a suit for partition and is directed against an order dated 30th September 2008, passed by a learned Single Judge of this Court, by which His Lordship dismissed an application for amendment of written statement filed by the appellants.

Being dissatisfied, the defendant Nos.5 and 12 have come up with the present appeal.

In the year 1978, the original plaintiffs, namely, Shreelal Kajaria and two others, filed a suit being suit No.696 of 1978 in the Original Side of this Court, thereby claiming, inter alia, for partition and various declarations in respect of the suit properties wherein the present appellants were made defendant Nos.5 and 12, respectively, by admitting the appellant No.1 as a co-sharer.

The share of the parties to the litigation, as pleaded by the original plaintiffs in the plaint, which has since been adopted by the transposed plaintiffs, would appear form the genealogical table set out below in respect of premises No.6 Russel Street with which we are concerned:

PREMISES NO.6 RUSSEL STREET

Jankidas (Died on 1936) Pannalal (1/2 share) (1/2 share)

Ramgopal Kajaria R