1. The petitioner, who was substituted as defendant no. 1(b) on death of his father- defendant no. 1, is aggrieved of order dated 02.07.2016 passed in Partition Suit No. 39 of 2010 by which the trial court has declined permission to file a separate written statement for taking a stand contrary to the stand of defendant no. 1 in his written statement.

2. Title Partition Suit No. 39 of 2010 was instituted by Dilip Kujur and eight others for a preliminary decree of partition claiming ½ share in schedule 'A' property. Father of the petitioner has been arrayed as defendant no. 1. Defendant Nos. 2 and 3 are real brothers of defendant no. 1 and defendant no. 4 is Deputy Commissioner, Lohardaga. The defendant nos. 1 and 2 filed a joint written statement. Defendant no. 3 has filed a separate written statement resisting the prayer for partition of schedule 'A' property. During pendency of the suit the defendant no. 1 died on 05.03.2012 and his legal heirs and three of his sons including the petitioner were substituted in his place vide order dated 17.05.2012. The petitioner-defendant no. 1(b) appeared in the suit on 28.08.2015 and filed written statement with an application dated 08