NARAYAN Vs. JHANGALU

JUDGEMENT

(1.) By way of this petition, petitioners have challenged the order passed by the learned Second Civil Judge, Class-II, Bilaigarh in Civil Suit No. 04-A/2017 dtd. 9/12/2019 whereby application moved under Order 6 Rule 17 of CPC was rejected.

(2.) Learned counsel for the petitioners submits that plaintiffs/ petitioners filed civil suit for declaration of title, partition and separate possession over the suit land described in Schedule-A situated at Village Soniyadeeh, Tehsil- Bilaigarh, District- Balodabazar. He further submits that defendant filed written statement and learned trial Court framed issues. He contends that application under Order 6 Rule 17 of CPC was moved wherein amendment was proposed to the effect that order of mutation was passed in favor of defendant behind the back of plaintiffs on 8/4/1988. It was pleaded in the application that plaintiff No. 4 was minor at that time, therefore, he has right to challenge the order of mutation after attaining majority. It is further pleaded that order of mutation is void ab initio. He further contends that the proposed amendment does not change the nature of the suit, therefore, learned trial Court ought to have allowed the application.

(3.) On the other hand, learned counsel for the respondents oppose.