JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant petition is under Article 227 of the Constitution of India directed against the order dated 21.08.2023 passed by learned Additional Munsif-VI, Koderma in Original Suit No.235 of 2020 (arising out of Original Suit No.109 of 2018) whereby and whereunder the petition filed under Order VI Rule 17 of the Code of Civil Procedure has been rejected disallowing the prayer to make amendment in the plaint.

2. The brief facts of the case as per the pleading made in the instant petition, which are required to be enumerated, read hereunder as :-

3. It is the case of the petitioner that as per Survey Record of Right the lands of Khata No.8 of village Tetariadih, Police Station Koderma, P.S. No.63, present P.S. Domchanch, old District Hazaribag, present District Koderma was owned and possessed by Doman Singh and his brother Bishun Singh, both sons of Chaman Singh, who constituted a joint family governed by Mitakshra School of Hindu Law and both held joint title and possession thereon.

4. Bishun Singh had a daughter namely, Dashari Devi, who was married during the life time of Bishun Singh and settled in her Sasural permanently, where she died in due