IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.398 of 2008 Harendra Choubey, son of Ram Bachan Chaubey, resident of Mauza Bagahi, Police Station-Bhabhua, District-Kaimur (Bhabua) at present residing at Mauza Bheriya, Police Station-Durgawati, District-Kaimur (Bhabhua) ---- ------ Defendant ---- Petitioner Versus 1. Deepak Kumar Choubey, son of Ram Bachan Choubey resident of Mauza Bagahi, Police Station-Bhabhua District- Kaimur(Bhabua), at present residing at Mouza Bheriya- .Police Station- Durgawati, District-Kaimur (Bhabhua) ---- -------- Plaintiff ---- Opposite Party Ist Set. 2. Ram Bachan Choubey, son of late Sita Ram Choubey. 3. Praveen Choubey, son of Ram Bachan Choubey, all are resident of Mauza Bagahi, Police Station-Bhabhua, District-Kaimur (Bhabhua) at present residing at Mauza Bheriya, Police Station-Durgawati District-Kaimur (Bhabhua) --- Defendants --- Opposite Parties IInd Set. 4. Ram Awadh Choubey, son of late Sita Ram Choubey. 5. Gajanan Choubey 6. Sanjay Choubey 7. Sunil Choubey 8. Balwant Choubey, all sons of Ram Awadh Choubey, resident of Mauza Bagahi, Police Station Bhabhua, District Kaimur(Bhabua) at present residing at Mauza Bheriya, Police Station-Durgawati, District Kaimur (Bhabhua) ----- ------ Defendants --- Opposite Parties IInd Set. 9. Sukhram Choubey, son of late Sita Ram Choubey. 10. Atal Bihari Choubey 11. Ajay Chaubey, both are the sons of Sukhram Choubey, all are resident of Mauza Bagahi, Police Station Bhabhua, Dsitrict Kaimur (Bhabua) at present residing at Mauza Bheriya, Police Station- Durgawati, District Kaimur (Bhabua) ---- Defendants --- Opposite Parties IVth Set. 12. Smt. Sabitri Chaubey son of late Ram Chandra Chaubey 13. Amit Chaubey (Minor) 14. Abhishek Chaubey (Minor), both sons of late Ram Chandra Chaubey under guardianship of his mother Smt. Sabitri Chaubey and all are resident of Mauza Bagahi, Police Station Bhabhua District Kaimur (Bhabua) at present residing at Mauza Bheriya, Police Station- Durgawati, District- Kaimur ------ Defendants -- Opposite Parties Vth set. 2 3. 3.8.2010 Heard Md. Waliur Rahman for the petitioner, and Mr. Rewti Kant Raman for the opposite party no.1. The defendant of Title Suit No. 87 of 2004 (Partition) has filed this application under section 115 of the Code of Civil Procedure, and challenges the order dated 7.12.2007, passed by the learned Sub-Judge I, Kaimur. The learned trial court has allowed the amendment petition which has been filed by the plaintiff. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the plaintiffs have instituted a suit, inter alia, for partition of the suit properties. After the suit had made progress, they filed an application for amendment of pleadings praying therein that they had delineated incorrect genealogical table in the plaint, and may be permitted to be altered. The defendant (petitioner herein) opposed the application on the ground that the same shall change the nature of the suit, and has been filed at a late stage of the suit. The objection has been rejected and amendment of the plaint has been allowed. Learned trial court has observed in the impugned order that the proposed amendment seeking alteration in the genealogical table in the 3 plaint does not change the nature of the suit. In other words, it continues to be a partition suit. We agree with the impugned order. This civil revision application is accordingly rejected. Vinay/ ( S. K. Katriar,J. )