1. Grievance of the petitioners is, that at the stage of final argument in Partition Suit No. 78 of 2005 application for amendment in the plaint has been allowed. The petitioners seek to challenge order dated 18.04.2009 passed in Partition Suit No. 78 of 2005, whereby the aforesaid application under Order VI Rule 17 C.P.C has been allowed.

2. Plaintiffs instituted Partition Suit No. 78 of 2005 seeking partition of the ancestral land. The suit schedule land comprised Bakast Bhuinhari, Bhuinhari Mundai and Kaime lands. This third type of land is stated to be acquired by individual members on occupancy rights. The defendants appeared and filed their written statement asserting that Bakast Bhuinhari and Service lands which are described under Schedule 'A' land and Schedule 'B' are exempted under Bihar Land Reforms Act, 1950. They have also raised objections to description of the defendants in the plaint. It appears that the suit schedule Property is the ancestral Bhuinhari land belonging to the plaintiffs and the defendants, both, as per Bhuinhari Land Survey, 1869-1880 and Cades trial Survey 1908-1911, which were admitted as correct. After both the parties led their evidence