IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15614 of 2011 Ram Niranjan Singh & Ors Versus Tribeni Singh & Ors ---------------------------------- 02. 14.09.2011 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed against the order dated 18.05.2011 passed by Sub Judge IXth Muzaffarpur in partition suit No.135 of 1992 whereby the learned Court below allowed the amendment application filed by the transposed plaintiffs. The only grievance of the petitioner is that when the transposed plaintiffs were defendant No.4 to 6, they had accepted the plaint in toto and, therefore, after transposing, they could not have filed the amendment application. In such view of the matter, the learned Court below has gravely erred in allowing the amendment application. Admittedly, the suit is of the year 1992, it is also admitted that the transposed plaintiffs were defendant No.4 to 6. It is also admitted fact that the original plaintiff filed an application for withdrawing the partition suit. Since the defendant No.4 to 6 were transposed, they sought amendment in the plaint which has been allowed by the learned Court below finding that the nature of suit will not change nor there will be any prejudice to the defendants. So far submission of the learned counsel that his self- 2 acquired properties have been sought to be added as the subject matter of the partition suit is concerned, that is a question to be decided in the partition suit as to whether the property is joint family property or self-acquired property. At the stage of amendment, the Court cannot decide the same without their being any evidence. It is well settled principle of law that the Court has got unfettered jurisdiction to allow amendment of the pleadings at any stage of the suit. Therefore, the learned Court below considering all aspects of the matters exercised a jurisdiction vested in it by law. In my opinion, therefore, the impugned order cannot be interfered with in supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, this writ application is dismissed. Sanjeev/- ( Mungeshwar Sahoo, J.)