Chandra Bhushan Bajpai, J.

Heard.

2. Issue notice.

3. Shri S.C. Khakhariya, Deputy Advocate General for the State accepts notice on behalf of respondent No. 9.

4. Respondents 1 to 8 not noticed.

5. It is submitted on behalf of the petitioners that since the question of law is involved, the matter could be disposed of finally at the motion stage itself even without noticing to respondents 1 to 8.

6. On due consideration, this Court agrees with the submission made in this behalf and as the question of law only is involved, the instant WP(227) heard finally at the motion stage itself.

7. Facts in brief necessary for adjudication of the instant WP(227) are that a civil suit for declaration, partition, separate possession and permanent injunction had been filed by the plaintiffs/present respondents 1 to 3 against the petitioners/defendants 4 to 6 and also against other respondents 4 to 9. The present petitioners/defendants 4 to 6 had filed their written statement jointly. Thereafter, the present petitioners/defendants 4, 5 and 6 had filed an application under Order 6, Rule 17 read with Order 8, Rule 6A of the Code of Civil Procedure, 1908 (in brevity 'the Code') for making amendment in