IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.676 of 2007 Md. Ilyas son of Late Hazi Reyasat Hussain, Resident of village Chak Murmur, P.O. Damodarpur, P.S. Kanti, District Muzafffarpur…………… ..Plaintiff-Petitioner. Versus 1. Bibi Rasul Bandi wife of Late Md. Abbas 2. Sajid Anjum 3. Majid Anjum Sons of late Md. Abbas 4. Rehana Bano 5. Ibarana Khatoon 6. Farzana Nikhat Daughters of late Md. Abbas, Residents of Mohalla Pakki Sarai Chowk, P.O. G.P.O. Muzaffarpur, in the Town of Muzaffarpur, District Muzaffarpur. 7. Dr.Najmul Huda 8. Ashraful Huda 9. Dr. Nasimul Huda Sons of defendant no.3, namely Bibi Sulaiman deceased 7 to 9 all resident of mohalla Tinkothia, Jail Road, P.O. Ramna, P.S. Mithanpura, District Muzaffarpur. 10. Bibi Sayeeda Khatoon widow of late Ata Hussain 11. Sahid Anjum 12. Khalid Anjum 13. Hamid Anjum Sons of late Ata Hussain All residents of Mohalla Maripur, P.W.D. Road No.1,Muzaffarpur, P.O. H.P.O.District Muzaffarpur 14. Bibi Azizunnisa widow of late Ata Hussain, 15. Abid Anjum 16. Zahid Anjum 17. Munna Anjum Sons of late Ata Hussain 18. Nahid Roshan 19. Farhad Roshan 20. Najhad Roshan All daughters of late Ata Hussain and Bibi Azizunnisa All resident of Mohalla Kachchi Sarai, Chakbaso, P.O. Ramna, Muzaffarpur, District Muzaffarpur. ………Defendants-Opposite parties 1st set 21. Rahmatulla son of late Abdul Hafeez Resident of village Chakmurmu, P.O. Damodarpur, P.S. Kanti, District Muzaffarpur, 22. Bibi Habiban wife of late Md. Islam 23. Noor 24. Samsul, sons of late Munshi Jalil All residents of village Chak Habibulla, P.O. Bochaha, P.S. Ahiyapur, District Muzaffarpur, ………Defendants 2nd party-Opposite parties 2nd set. 2 For the petitioner : M/s Sanjay Sinha and Deepak Kumar Singh, Advocates. For the opposite parties : None. ----------- 02/ 16.10.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the plaintiff- petitioner challenging order dated 27.01.2007, by which learned Subordinate Judge-II, Muzaffarpur rejected his application dated 17.11.2006 for amendment in Schedule-I of the plaint at the stage of preparation of final decree in Partition Suit No. 41 of 1991. 3. The aforesaid partition suit was filed by the plaintiff for partition of his 1/4th share in the property mentioned in Schedules I and II of the plaint consisting agricultural and horticultural land as well as residential house. The said suit was decreed in part on contest by the learned Subordinate Judge-II, Muzaffarpur vide his judgment and decree dated 12.10.2004. 4. The said judgment and decree of the trial court was not challenged by any one. Furthermore, the plaintiff got a proceeding of preparation of final decree initiated in the said suit in accordance with the judgment and preliminary decree passed in the said suit. 5. However, subsequently the plaintiff filed an application on 17.11.2006 for amendment of his plaint claiming that after publication of the revisional survey khatian and map, the areas of some of the suit plots were found to be different. The learned court below has rejected the said application vide its order dated 3 27.01.2007, which is under challenge in the instant civil revision. 6. Learned counsel for the petitioner submits that the learned court below should have allowed the said application as even some of the defendants had supported the claim of the plaintiff. 7. From the averments as well as the materials on record, it is quite apparent that all the defendants had not supported the claim of the plaintiff and even if all the defendants and the plaintiff are of the view that actual areas of the plots in suit are different, they may file a joint application for compromise with respect to the suit land stating the said fact and final decree may be prepared in accordance with the said application of compromise if the same is found to be legal and proper. 8. In the said circumstances, this Court does not find any illegality in the impugned order of the learned court below nor does it find any jurisdictional error therein. Accordingly, this civil revision is disposed of with the aforesaid observation. . MPS/ ( S. N. Hussain, J.)