IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.100 of 2008 ---- Pramod Singh @ Pramod Kumar Singh S/o Kamta Prasad Singh resident of village-Kadilpur @ Jagdishpur P.S. Jandaha, District- Vaishali. -Defendant-Petitioner. Versus 1. Surendra Singh @ Surendra Pd. Singh S/o Late Kamta Prasad Singh, resident of Village- Kadilpur @ Jagdishpur, P.S. Jandaha, District Vaishali. -Plaintiff- Opposite Party 1st Set. 2. Sri Chandrika Singh Ajad @ Chandrika Singh S/o Late Hriday Singh. 3. Upendra Singh Baghel S/o Late Hriday Singh 4. Most. Asha Devi W/o Late Binda Singh 5. Basginath Singh @ Nathuni Singh S/o Late Binda Singh 6. Navin Kumar @ Jarman S/o Late Binda Singh 7. Dhiraj Kumar S/o Late Binda Singh O.P.Nos. 2 to 7, resident of Village-Kadilpur @ Jagdishpur, P.S. Jandaha, District-Vaishali. -- Defendants-Opposite Parties 2nd Set. 8. Sabita Devi W/o Pramod Singh 9. Nagendra Singh S/o Sri Hari Narayan Singh 10. Satyendra Singh S/o Shri Hari Narayan Singh 11. Satyadev Singh S/o Shri Hari Narayan Singh O.P.Nos. 8 to 11, resident of village-Kadilpur @ Jagdishpur, P.S. Jandaha, District-Vaishali. -- Defendants-Opposite Parties 3rd Set. ----- For the petitioner : Mr. Surendra Kishore Thakur, Advocate. For the opposite party : Mr. N.C.Verma, Advocate ---- 03. 05.11.2009 Heard learned counsel for the defendant-petitioner as well as learned counsel for the plaintiff-opposite party. 2. This civil revision has been filed by defendant- petitioner challenging order dated 05.10.2007 by which the learned Subordinate Judge IX, Vaishali allowed the amendment petition filed by the plaintiff-opposite party and kept the application filed by the defendant under Section 10 of the Code of Civil Procedure - 2 - pending in Partition Suit No.419 of 2001 which was filed by the plaintiff-opposite party for partition of the suit properties, namely Schedule II and III, and also for other ancillary reliefs. 3. However, at the instance of both the parties, this civil revision is disposed of with a direction to the learned court below to decide the application filed by the defendant-petitioner under Section 10 of the Code of Civil Procedure within one month from the date of receipt/production of a copy of this order positively. Sunil (S. N. Hussain, J.)