ORAL JUDGMENT

Date : 24-06-2024 Heard learned counsel for the petitioners and learned counsel for the respondents 1st set on the point of admission and I intend to dispose of the present petition at the stage of admission itself.

2. The instant petition has been filed by the petitioners/plaintiffs for quashing the order dated 09.10.2018 passed by the learned Additional District Judge-I, Chapra in Probate Case No. 08 of 2011. In the said case, an amendment petition dated 08.08.2018 has been filed to make certain amendments in the probate petition which was objected by the respondents 1st set who claimed that the probate petition was barred by limitation. The respondents 1st set also objected the amendment petition on the ground of belated filing and also on the ground that the petition was hit by Section 11 of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) as a petition with same prayer was earlier filed and withdrawn. Further, challenge was on the points that the facts were known to the petitioners still the amendment was not preferred earlier and merits of the amendments were also challenged. The learned trial court rejected the amendment petition of the petit