ORAL JUDGMENT

Date : 18-03-2025 Heard learned counsel for the parties.

2. The present petition has been filed against the order dated 09.11.2016 passed in Partition Suit No. 89 of 2009 by learned Sub Judge-VI, Bettiah, West Champaran, whereby and whereunder the petition filed by the petitioners under Order 6 Rule 17 and Order 1 Rule 10 of the Code of Civil Procedure (hereinafter in short ‘the Code’) has been dismissed.

3. Learned counsel for the petitioners submits that the petitioners have filed Title Partition Suit No. 89 of 2009 in the court of learned Sub Judge – 1^st, Bettiah, West Champaran for partition of the suit land and also seeking declaration that Will dated 04.03.2009 is null and void. During pendency of Partition Suit No. 89 of 2009 defendant no. 2 died and her name was deleted. But inadvertently her two grandsons and one granddaughter who were her heirs/legal representatives could not be added in her place though other heirs/legal representatives were already on record. Thereafter, petitioners filed a petition under Order 6 Rule 17 and Order 1 Rule 10 of the Code for making amendment in the suit and for adding respondent nos. 2, 3 and 4 as legal representatives of def