M.L. MEHTA, J.

1. This petition under Article 227 of the Constitution seeks assailing the order dated 7.10.2010 of Addl. District Judge whereby the application under Order 6 Rule 17 read with Section 151 CPC filed by the petitioner, who was the plaintiff in the suit bearing No. 721/08, was dismissed.

2. The petitioner has filed a suit for partition against the respondents. The instant application was filed seeking amendment in the plaint. The petitioner wanted to delete the properties bearing No. 147-B, Hari Nagar, Ashram and 88, Gali No. 37-A, Zakir Hussain Colony, Sakir Marg, Okhla, New Delhi from the properties to be partitioned. With regard to these properties, there was neither any objection by the respondents, nor by the court and consequently, the amendment with regard to deletion of these two properties from the ambit of the partition, was allowed.

3. The amendment was also sought for seeking relief of declaration and partition in respect of two shops bearing No. 111 and 113. The amendment in this regard was sought on the premise that during the pendency of the suit, defendant No. 5, in his statement under Order 10 Rule 2 CPC, had stated that shop No. 113 was sold by