IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9455 of 2011 LALAN SHAH Versus MADAN SHAH & ANR ----------- 02. 21.06.2011. Heard the learned counsel for the petitioner. This writ application has been filed for quashing of the order dated 19.02.2011 passed by the Sub Judge 4 Sasaram in Title Suit No.324 of 2009 whereby the learned Court below has been pleased to allow the amendment petition dated 03.06.2010 filed by the plaintiff-respondent. The learned counsel for the petitioner submitted that by this amendment, the properties which are standing in the name of the petitioner and his wife has been added in the partition suit and, therefore, the petitioner has been greatly prejudiced. It may be mentioned here that the petitioner is the defendant in the court below and has already filed written statement in the case. So far the question that the property which has been included by amendment is self-acquired property or the property of the petitioner’s wife is a matter to be considered at the time of final hearing after evidence is being adduced by both the 2 parties. The merits of the controversy between the parties cannot be gone into at this stage. The learned Court below, therefore, has rightly allowed the amendment application, I, therefore, find no reason to interfere in the exercise of power under article 227 of the Constitution of India. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)