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2024 Supreme(Online)(Pat) 1909

PATNA HIGH COURT
Sachchidanand Rai – Appellant
Versus
Sushil Upadhyay – Respondent


ORAL JUDGMENT

Date : 01-02-2024 Heard learned counsel for the petitioners and I intend to dispose of the present petition at the stage of admission itself.

2. The petitioners are aggrieved by the order dated

22.03.2017, passed by learned Sub-Judge-3rd, West Champaran at Bettiah in Partition Suit No. 234 of 2013, whereby and whereunder, the application dated 04.07.2016, filed by the plaintiffs under Order VI, Rule 17 read with Section 151 of the Code of Civil Procedure has been allowed.

3. Learned counsel for the petitioners submits that respondents 1st set are defendants 2nd set in Partition Suit No. 234 of 2013, wherein the plaintiffs have claimed 1/2 share in property given in schedule no.2 of the plaint. After filing of the written statement, the plaintiffs filed an application seeking certain amendments changing the relationship of the parties as well as the genealogical table. Learned counsel further submits that the petition filed for amendment mentions paragraph no.8 in which the amendment was sought, but from the perusal of the plaint and amendment petition, it appears that paragraph no. 4 was supposed to be amended by the plaintiffs. The petitioners who are defendants 2nd set

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