AKSHAYA KUMAR ROUT Vs. PITAMBAR ROUT

JUDGEMENT

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

(2.) Order dtd. 10/4/2023 (Annexure-4) passed by learned Additional Senior Civil Judge, Jajpur in C.S. No.765 of 2015 (F.D.) is under challenge in this CMP, whereby an application filed by the Plaintiff-Petitioner under Order VI Rule 17 CPC to add other properties for partition, has been rejected.

(3.) Mr. Mishra, learned counsel for the Petitioner submits that the properties more fully described in the schedule of the amendment application at Annexure-2 could not be incorporated in the schedule of the plaint for partition, as the land records were with the Defendants. Thus, during pendency of the final decree proceeding, an application under Order VI Rule 17 CPC was filed for amendment of the schedule of the plaint and to pass another preliminary decree. The said application was rejected on the ground that the application has been made at a belated stage and the Court cannot go against the preliminary decree. It was also held that the amendment sought for is not necessary for proceeding with the final decree proceeding. Hence, this CMP has been filed.