KULAMANI DASH Vs. SAKUNTALA LENKA

JUDGEMENT

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

(2.) Order dtd. 17/5/2011 (Annexure-6) passed by learned 2nd Additional Civil Judge (Senior Division), Cuttack in T.S. No.18 of 1993 is under challenge in this writ petition, whereby an application filed by the Plaintiff-Petitioner under Order 1 Rule 10 CPC to bring on record the legal heirs of deceased Defendant No.3, has been rejected.

(3.) It is submitted by Mr. Bhuyan, learned counsel for the Plaintiff-Petitioner that petition dtd. 19/4/2011 was filed to implead legal heirs of deceased Defendant Nos.3 and 5 as Defendants. By order under Annexure-6 the said application was allowed in part permitting the Petitioner to bring on record the legal heirs of deceased Defendant No.5 only. However, prayer to implead the legal heirs of deceased Defendant No.3 was rejected. Hence, this writ petition has been filed.