1. Heard Shri Tarun Agarwal, learned counsel for the petitioners and Shri Rahul Agarwal, learned counsel appearing for both the respondents. Learned counsel for the respondents stated that the relevant records of the suit are on record and so he does not propose to file a counter affidavit. Therefore, with the consent of the advocates for the parties, the petition was heard and judgment reserved.

2. By this petition, an order dated 26.7.2023 passed by the Additional District Judge, Fast Track Court No. 2 (14th Finance Commission), Gorakhpur, in Civil Revision No. 3 of 2023 (Shri Dwarika Prasad Kedia and another Vs. Smt. Chanda Kedia and another) has been challenged, whereby an order dated 16.12.2022 passed by the trial court in Original Suit No.458 of 2017, rejecting the amendment application 68 क-2 filed by the defendant no.1 for amending the joint written statement, was set aside and the matter was remanded to the trial court for deciding the amendment application afresh and on its merits.

3. The background of the case, as evinced from the record of this petition, is that on 1.7.1987, an agreement was entered into between seven persons (family memb