ORAL ORDER

1. This petition is filed under Articles 226 and 227 of the Constitution of India challenging an order passed below Exh.79 in Regular Civil Suit No.65 of 2008 passed by Additional Civil Judge, Umargaon dated 3.9.2016 whereby application filed by the respondents-plaintiffs praying for amendment in the prayer clause of the suit as mentioned in para-8(1) of the Application Exh.79, came to be allowed.

2. The petitioner is original defendant in the suit whereas respondents are original plaintiffs in the suit.

3. Regular Civil Suit No.65 of 2008 came to be filed by the plaintiffs praying partition of their undivided 1/3rd share in suit by metes and bounds, of the suit properties and for possession thereof claiming mesne profit also. It would be worthwhile to note that parties are closely related inter-se. The suit came to be filed on 7.7.2008 and on summons being served, the petitioner-defendant appeared and filed his written statement disclosing his defense and producing relevant documents on which he relies. Pursuant to the pleadings of the parties, issues came to be framed on 10.3.2010. An examination in-chief on oath came to be filed by the plaintiff No.5 on behalf of the pl