JUDGMENT :

SUJIT NARAYAN PRASAD, J.

Prayer:

1. The instant petition has been filed under Article 227 of the Constitution of India assailing order dated 19.12.2022 passed by learned Civil Judge (Sr. Division)-IV, Jamshedpur in Original (P) Suit No. 72 of 2019 whereby and whereunder the petition dated 19.11.2022 filed on behalf of respondent-plaintiff under Order VI Rule 17, seeking therein the amendment to make addition in the prayer for challenging the gift deed dated 16.01.2008 by which the land which is the subject matter of partition suit has been disclosed to be gifted by the father of the defendant, has been allowed.

Brief Facts of the Case:

2. The plaintiff-respondent has filed a suit for partition being Original (Partition) Suit No. 72 of 2019 for a decree of partition claiming 1/3rd share in a ‘multi-storied building consisting of a basement along with ground +7 floors situated over a lease hold land measuring 40 feet X 60 feet situated on Holding No. 107, S.N.P. Area, Sakchi Highway, Sakchi Post Office Sakchi, Town Jamshedpur, District Singhbhum East and has also prayed for appointment of a Survey knowing pleader commissioner for demarcation and allocation of the suit property