LAWS(ORI)-2023-10-64

BHAGYALIPI PATRI Vs. TULASI PATRI

Decided On October 30, 2023
Bhagyalipi Patri Appellant
V/S
Tulasi Patri Respondents

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 26/4/2023 (Annexure-4) passed by learned Civil Judge (Senior Division), Kendrapara in Civil Suit No.406 of 2018 is under challenge in this CMP, whereby an application filed by the Plaintiffs-Petitioners under Order VI Rule 17 CPC, has been rejected.

(3.) Mr. Mishra, learned Senior Advocate appearing for the Petitioners submits that the suit has been filed for partition and permanent injunction. After death of the original Plaintiff, namely, Jayant Patri, his widow and son being the Petitioners herein, are impleaded as Plaintiffs. Before commencement of the trial, they filed an application under Order VI Rule 17 CPC to include Khata Nos.555 and 492 in the schedule of the plaint. They also prayed for impleading Sanjukta Patri, Gourava Patri, and Anni Patri as Defendant No.5 to 7 as well as Prakash Parida, Ashok Swain and Debendra Rout as parties to the suit.