PABITRA ADHIKARY Vs. SUNIL DHALI

JUDGEMENT

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

(2.) The Petitioners in this CMP seek to assail the order dtd. 15/5/2023 (Annexure-6) passed by learned Senior Civil Judge, Malkangiri in C.S. No.42 of 2022, whereby an application filed by the Plaintiffs-Opposite Parties under Order VI Rule 17 C.P.C. has been allowed.

(3.) The sole contention of Mr. Mohanty, learned counsel for the Petitioners is that the Plaintiffs-Opposite Parties amongst other sought for amendment to seek the relief of setting aside the sale deed dtd. 19/4/1995, which is barred by limitation. Although a written objection was filed stating that proposed amendment is barred by limitation and the same should not be allowed, but learned trial Court ignoring the same passed the impugned order. Hence, this CMP has been filed.