Manoj K. Tiwari, J.

By means of present petition, under Article 227 of the Constitution of India, petitioner has sought the following relief:-

“(i). Issue a writ, rule, order or direction in the nature of certiorari quashing the impugned judgment/order dated 13.10.2017 (Annexure No. 1) passed by the Civil Judge (Senior Division) Mussoorie in O.S. No. 151 of 2013 ‘Shri Prabhatesh Pratap Singh Vs. Shri Prabhan Pratap Singh and others’ and further allow the defendant no. 1’s/petitoner’s application paper no. 91 Ka (Annexure no. 4) preferred by the petitioner/defendant no. 1 for amendment of his Written Statement.”

2. Heard learned counsel for the parties and perused the records.

3. This writ petition is directed against the order dated 13.10.2017 passed by the Trial Court i.e. Civil Judge (Senior Division), Mussoorie in O.S. No. 151 of 2013, whereby the application for amendment in the written statement made by the petitioner has been rejected.

4. Brief facts of the case, which are relevant for appreciating the controversy are as follows:-

Respondent No. 1 filed a suit for partition of a property known as Katesar Castle with five and a half acres of land situated at Happy Valley,