CAV JUDGMENT

Date : 11-01-2024 The instant petition has been filed against the order dated

12.02.2018 passed by learned Sub-Judge-IInd, Bhabhua in Title Suit No. 90 of 2003 by which the petition dated 23.11.2015 filed on behalf of the petitioner under Order VI Rule 17 and Section 151 of the Code of Civil Procedure for the amendment of written statement, additional written statement and counter claim was partly allowed and was partly rejected in respect of certain amendment in the additional written statement.

2. The facts of the case as it appears from the record is that the petitioner and respondent no.1 are full brothers. Respondent nos. 2 and 3 are sons of respondent no.1 The plaintiff/respondent filed a suit for partition in respect of properties said to be the joint family property in the court of learned Sub-Judge-Ist, Bhabhua on 07.05.2003 vide Title Suit No. 90 of 2003. Petitioner is defendant no.1. The plaintiffs and the defendants are the descendants of late Shyam Sunder Singh. The plaintiffs claimed that they are members of joint family and the plaintiff no.1 is the karta of the family. The defendant nos. 1 to 3 are also the members of joint family and the defendant no.1 i