TUNILATA NAYAK Vs. BIJAYALAXMI BISWAL

JUDGEMENT

(1.) This writ petition has been filed for quashing the impugned order at Annexure-1, on the ground that the learned Civil Judge (Sr.Divn.), Nimapara without any jurisdiction and illegally allowed the prayer of the opposite parties for amendment of the plaint in C.S. No. 29 of 2010.

(2.) I have heard the learned counsel for the parties. Perused the impugned order at Annexure-1 and other materials on record.

(3.) It is seen that Civil Suit No. 29 of 2010 was filed originally by four plaintiffs, namely Bijaylaxmi Biswal, Nirupama Biswal, Saroja Kumar Biswal and Manoja Kumar Biswal. Plaintiff No.1 Bijayalaxmi Biswal is the wife of Defendant No.1 Jogendra Biswal and Plaintiff Nos. 2 to 4 are the daughter and two sons of Plaintiff No.1 and the Defendant No.2. The suit has been filed challenging sale of the suit property by the Defendant No.2 to Defendant Nos. 1 and 3 on the ground that the sale deed in question is a spurious document and obtained by practicing fraud on Defendant No.2. After the suit was instituted, on the prayer of the Plaintiffs the name of the Plaintiff Nos. 3 and 4 Saroj Kumar Biswal and Manoj Kumar Biswal were deleted and they were transposed as Defendant Nos. 5 and 6. The original Plaintiff No.3 was allegedly a minor when the suit was filed. It is alleged that when Defendant No.6 Saroj Kumar Biswal became major he was prayed to be impleaded as a Plaintiff and to delete his name as Defendant No.6.