JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 09.09.2021 in CS10239/2016 titled “Sarita Chaudhary Vs. Sanyogita Ghei & Anr.” whereby the learned Trial Court has dismissed her application under Order VI Rule 17 CPC, 1908 seeking amendment to the suit plaint.

2. Mr. Chaudhary, learned counsel appearing for the petitioner/plaintiff submits that this is a partition suit between the siblings of late Smt. Promila Ghei.

3. Learned counsel submits that there are two properties which are subject matter of the partition suit. Learned counsel submits that once the written statement was filed on behalf of respondent No.2, the petitioner/plaintiff became aware that one of the properties was sold to respondent No.2, by the mother of the parties i.e. Smt. Promila Ghei, in the year 2009 by way of a registered sale deed.

4. Mr. Chaudhary, learned counsel submits that once the fact regarding the registered sale deed of one of the properties in the name of respondent No.2 came to the knowledge of petitioner/plaintiff, the petitioner/plaintiff sought amendment under Order VI Rule 17 CPC, 1908 seeking declaration that the