ORAL JUDGMENT

Date : 04-07-2024 Heard learned counsel for the parties and I intend to dispose of the petition at the stage of admission itself.

2. The instant petition is filed under Article 227 of the Constitution of India against the order dated 15.11.2022 passed by learned Sub Judge 1st, Arwal in Partition Suit No. 18 of 2022 whereby and whereunder he rejected the petition dated 31.08.2022 filed on behalf of the plaintiff/peitioner under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter “the Code”).

3. Learned counsel for the petitioner submits that the plaintiff/petitioner has filed Partition Suit No. 18 of 2022 against the defendants/respondents for passing a preliminary decree to the extent of half share in the suit property and also for carving out a share after appointing Survey Knowing Pleader Commissioner along with other reliefs. Prior to filing of the written submission, an application under Order 6 Rule 17 of the Code has been filed on 31.08.2022 seeking certain amendments in the plaint. Rejoinder was filed on behalf of the defendants and the learned trial court having considered the submissions rejected the amendment application of the plaintiffs vide the imp