IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14576 of 2011 Ramjee Prasad Singh & Ors Versus Raj Kumar Prasad Singh & Ors ---------------------------------- 05. 15.09.2011 Heard the learned counsels for both the parties. This application has been filed by the petitioners against the order dated 02.05.2011 passed by Sub Judge VIth, Aurangabad in Partition Suit No.151 of 2005 / 72 of 2010 whereby the learned Court below rejected the application by the petitioners for being transposed as plaintiff in the partition suit. The learned counsel, Mr. Dronacharya, appearing on behalf of the petitioner submitted that the original plaintiff has gone in collusion with the other defendants. The petitioners had filed supporting written statement. When the plaintiff went in collusion, the petitioners filed the application praying for their transposition as plaintiff which has been rejected. The learned counsel appearing on behalf of the contesting defendants submitted that in the position as defendant also, the defendant-petitioner can establish their right claimed in the written statement which was filed in support of the plaintiff. From perusal of the impugned order, it appears that the learned Court below observed that the suit is - 2 - partition suit where the status of the parties are equal and in the category of defendants also, the petitioner can claim or prove their right and interest in the suit property. So far this proposition of law is concerned, the learned counsel for the petitioner does not dispute. In view of the above facts and circumstances of the case and the observation made by the trial Court in the impugned order, I do not find any reason to interfere with the impugned order and accordingly, this writ application is dismissed. Sanjeev/- ( Mungeshwar Sahoo, J.)